Weld County Domestic Violence Terms and Definitions
In Weld County, the legal understanding of Domestic Violence and all it encompasses can be confusing at first. Here we’ll break down these concepts to shed some light on how they operate under Colorado law. Generally, Domestic Violence is not in itself a separate criminal charge. It is an enhancer that gets added to charges. If someone is arrested for Assault, C.R.S. 18-3-204, but the Assault was committed against their partner, then it becomes an Assault charge with a Domestic Violence enhancer attached. Any crime can receive the Domestic Violence enhancer, as long as there is an intimate relationship.
Definition of Intimate Relationship in Weld County – Are You Falsely Accused?
Weld County Sheriff Deputies and Greeley Police follow the state of Colorado's definition of an "Intimate Relationship," C.R.S. 18-6-800.3, which is:
This definition only acknowledges relationships that do, or that used to, maintain a romantic aspect to them. The only time it acknowledges a sexual aspect is if there is a child involved. It contains within it, both married and unmarried couple relationships, despite the sexual component that intimate relationships can, but don't necessarily, have. Of course, the government also weighs in on the context of an intimate relationship, how long it was / is, how much interaction the people involved have with each other, and how this relationship may differ from a more platonic relationship, like a friendship.
Domestic Violence Definition when Accused in Greeley
In Greeley, Colorado, the definition of Domestic Violence is
So basically, if someone commits any crime in Greeley, and it is against the person with whom they had an intimate relationship, then it is considered Domestic Violence.
For example, if a couple breaks up and one partner, in their pain and hurt over the separation, smashes the other's favorite vase, then they could be arrested for Criminal Mischief - C.R.S. 18-4-501 - with a Domestic Violence enhancer. One case we had, a man was charged for Burglary - C.R.S. -18-4-203 - with a Domestic Violence enhancer. He had let himself into his ex's home because some of his things were there, and she refused to give them back. Since the items where in her house it was a burglary charge, and since they used to be romantically involved, a Domestic Violence enhancer was added.
What is Domestic Violence Offender Treatment in Weld County?
When someone is convicted of Domestic Violence in Greeley, Longmont, or Berthoud they are required to undergo the standardized Domestic Violence Offender Treatment by Colorado law. Offenders are required to pay for and complete a program that analyzes and evaluates every little aspect about their life, from their physical wellness to their mental health. Everything will be scrutinized. The Domestic Violence Offender Management Board (DVOMB) prefers a "one-size-fits-all" mentality that promotes unfairness within the system. A man who enters his ex's home to retrieve his items and a spouse that beats their partner can clearly not be weighted equally.
Being charged for Domestic Violence can flip your life upside down. If you're charged with this enhancer, you need an affordable, and experienced criminal defense attorney to help you fight for your freedom.