An El Paso County man went to jail for three days after he was charged with Theft Domestic Violence. This is a good example of how the law doesn’t make sense in Colorado. How can a person be charged with Domestic Violence when no violence occurred? Let’s take a look at the Colorado statute and how it relates to this situation:
Domestic Violence is a Label Which Can be Attached to Any Crime
It is important to understand that Domestic Violence – C.R.S. 18-6-800.3, is a label – a sentence enhancer. You cannot be charged with Domestic Violence alone in Larimer, Boulder, or Jackson County. It must be attached to another crime. In this case, it was attached to Theft – C.R.S. 18-4-104. Domestic Violence (DV) is added when a crime was committed between two people who have at any time been in an intimate relationship (read our blog post about the definition of intimate relationship in Domestic Violence cases), and where the conduct involved some element of punishment, intimidation, revenge, control, or coercion.
[pullquote align=”center” textalign=”center” width=”70%”]You can be charged with Domestic Violence even if no violence occurred.[/pullquote]Non-Violent Crime Can be Labeled as Domestic Violence
The Colorado Springs man was charged with Domestic Violence Theft because he gave away his ex-girlfriend’s dog. His girlfriend’s name was the only one on the dog’s adoptions papers, despite his claim that the dog was his as well. Regardless, it is important to note that no actual violence occurred in this situation. The man gave away the dog to a family who was looking for one. We can understand the Theft charges, but the DV label doesn’t make sense in this situation. If this man is convicted, he will be required to go through DV treatment overseen by the Domestic Violence Offender Management Board (DVOMB). This treatment is expensive (he will be required to pay), and he will be receiving the same treatment as violent offenders. This is unjust.
[pullquote align=”center” textalign=”center” width=”70%”]DV offenders must pay for expensive Domestic Violence Offender treatment.[/pullquote]Why You Need a Lawyer for Domestic Violence Charges
If you have been charged with Domestic Violence Theft or another DV enhanced crime, it is important to work with an experienced criminal defense attorney. In every criminal case, a restraining / protection order is issued. This requires that you relinquish your firearms, (pay to have it stored, or have a friend go through a background check to have it transferred to them), and makes your life difficult. There are many restrictions enforced when you are the restrained party in a protection order. Don’t brush off the permanent protection order hearing, or ignore Domestic Violence charges. A permanent protection order or a Domestic Violence conviction will have long-lasting negative effect on your life. Contact an attorney before you make any decisions in your case.