Allegations and charges of domestic violence are taken seriously by the state of Ohio. Court systems in Ohio are responsible for protecting and assisting domestic violence victims. Additionally, it is their responsibility to hold those responsible for domestic violence abuse accountable for their actions. Often, people believe that physical harm must be demonstrated in order for an abuser to be charged with domestic violence. The situation is, however, quite different.

How Colorado Defines Domestic Violence

Domestic violence is defined under Colorado law as “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” Colorado does not treat domestic violence as an independent crime. On the other hand, domestic violence acts as a sentencing enhancement or aggravating factor. As a result, higher punishments are imposed for crimes committed against spouses, former spouses, or dating partners.

Colorado is a state that requires mandatory arrests when domestic violence is suspected. In other words, if the police have reasonable grounds to suspect someone of domestic violence, they must arrest them. Police in Colorado consider five factors when determining whether there is probable cause for an arrest for domestic violence:

• Punishment

• Revenge

• Coercion

• Intimidation

• Control

In all of these cases, law enforcement officers are required to make an arrest if they suspect these factors are present in any degree. This is true even if an underlying crime was not committed.

It does not matter if the alleged victim recants their statement or chooses not to press charges. Defendants will have a protection order issued against them while they are facing domestic violence charges. This means that they are not allowed to contact the alleged victim of domestic violence until court proceedings have concluded.

Common Charges Associated With Domestic Violence In Colorado

There are several crimes that can be committed in Colorado that commonly have domestic violence enhancements. However, any criminal charge or municipal ordinance violation can be enhanced because of domestic violence. Crimes against pets and property are also included. The crimes most commonly associated with domestic violence enhancements in Colorado can be, but are not limited to:

• Stalking

• Child abuse

• Assault

• Sexual assault

• Harassment

• Sexual contact

• Menacing

• Elder abuse

• False imprisonment

• Violation of a restraining order

An example of how domestic violence enhancements can be added to criminal charges is disputes between couples. If a couple breaks up, and the boyfriend decides to smash the windows of his ex-girlfriend’s car, the boyfriend would then be charged with property damage and criminal mischief. Due to the two individual’s previous dating history, it is most likely that the DA will tack on domestic violence charges. It is irrelevant that the ex-couple did not have a relationship that involved physical violence, physical force, or physical injury or that they previously had a healthy relationship. However, if these two were simply platonic friends, the domestic violence charges would not come into play, and the individual would only face charges for property damage and criminal mischief.

The manifestations of domestic violence are not always physical or sexual. A variety of things can be considered to be domestic violence, including:

• Technological abuse (Cyberstalking)

• Financial abuse (refusing access to finances, blackmailing, etc)

• Emotional abuse (harassment, gaslighting, etc)

What Are The Penalties For Domestic Violence Convictions?

As an enhancement, domestic violence carries a punishment dependent on the underlying offense. It is possible that the judge will order the defendant to complete a domestic violence treatment program. Restraining orders can also be extended by the judge.

When a defendant is convicted of domestic violence for the fourth time, they are deemed to be a habitual domestic violence offender. Class 5 felonies carry the following penalties:

• Up to 3 years in a Colorado State Prison (mandatory 2 years of parole)

• A fine of up to $100,000

Additionally, there is a sentence for the underlying crime as well.

First-time offenders of domestic violence in Colorado face the penalties of the underlying crime as well as the possibility of:

• House arrest placement

• Firearm restrictions

• Protection order against the defendant

The penalties imposed on a domestic violence enhancement are not the only consequences that can follow a conviction for the crime. There are several ways in which defendants may be affected, including:

• Opportunities for employment

• Ability to obtain a professional license

• Rights to child custody

• Housing and loan eligibility

• Status as a military member (if applicable)

What Type Of Relationship Is Required For Domestic Charges In Colorado?

In Colorado, intimate relationships are based on a romantic attachment or shared parental status, such as:

• Current wife or husband, or ex-wife or ex-husband

• Current girlfriend or boyfriend, or ex-girlfriend or ex-boyfriend

• A co-parent, including adopted children

Intimate relationships do not include roommates, friends, or colleagues unless they fall under one of the categories above. Intimate relationships may be characterized by a sexual relationship, but it is not a necessity.

If An Alleged Victim Recants Their Statement Will My Charges Be Dropped?

No. Not right away, at least. Intimate partner abuse allegations recanted by alleged victims raise suspicions among law enforcement officers. Their assumption is that alleged victims have ulterior motives, such as:

• They are being pressured by their family or the defendant’s family to retract their statement

• In order to support the family financially, they want the defendant out of jail

The prosecution may also have sufficient evidence to prove domestic violence occurred despite the victim’s protests. Domestic violence incidents may have been captured on video, for example. It is also possible that credible eyewitnesses could be willing to testify as well.

Cases involving domestic violence are taken seriously by courts. It is only when the prosecutor claims that there is insufficient evidence to prove guilt beyond a reasonable doubt that a judge will dismiss a domestic violence case. Prosecutors may drop the case for lack of proof if the victim recants, as the only evidence of domestic violence is the alleged victim’s accusation.

Common Domestic Violence Defenses In Colorado

Defending the underlying charge is the best way to win a domestic abuse case. If the defendant is charged with domestic violence and assault, for instance, they may use the following arguments in their domestic violence defense.

• An accident occurred

• Self-defense was necessary

• False allegations of domestic violence by the alleged victim

Colorado criminal law specifically does not allow domestic violence enhancements if the defendant can prove that the alleged victim has never been intimately associated with them. There is a possibility that the alleged victim misrepresented their relationship with the defendant, or perhaps the law enforcement officers wrongly presumed they were together.

If the defendant and their experienced domestic violence attorney develop a strong case with evidence, and the DA drops the assault charge, the domestic violence enhancement will automatically be dismissed as well. A lack of intimacy can be demonstrated by providing the following evidence:

• Voicemails, text messages, or emails

• Notations from a therapist

• Recording of videos or audio

• Accounts from eyewitnesses

The court may withdraw the protection order if the prosecution withdraws the domestic abuse enhancement. There will, however, be no change to the underlying charge. The defendant will still need to deal with the underlying charge of the domestic violence enhancement such as criminal mischief, assault, etc.