A late-night argument. A string of unanswered texts. A call to the police. What started as a relationship conflict can escalate into a criminal charge faster than most people realize and in Colorado, Domestic Violence Harassment carries consequences that can follow you for the rest of your life. If you’ve been charged with Harassment as an act of Domestic Violence in Larimer County, you are not alone, and you are not without options. But the time to act is now.
Loveland Harassment Defense Lawyer: What Is Harassment Under Colorado Law?
Colorado Revised Statute § 18-9-111 defines Harassment broadly. A person commits Harassment if, with intent to harass, annoy, or alarm another person, they do any of the following:
- Strike, shove, kick, or subject another person to unwanted physical contact
- Follow someone in or about a public place
- Repeatedly initiate communication (phone calls, texts, emails, or social media messages) at inconvenient hours or in a way that disturbs the other person
- Make obscene gestures or use obscene language in public
- Taunt or challenge someone in a way likely to provoke a violent response
Notice how wide that net is. Repeatedly texting an ex who isn’t responding. Calling late at night when emotions are running high. Showing up somewhere you knew they would be. These are everyday behaviors that, in the context of a relationship conflict, can become criminal charges under Colorado law.
When Does Harassment Become Domestic Violence in Fort Collins and Larimer County?
Domestic Violence in Colorado is not a separate crime. It is a sentence enhancement applied to underlying charges like Harassment. Under C.R.S. § 18-6-800.3, Domestic Violence means an act or threatened act of violence, or any other crime used as a method of coercion, control, punishment, intimidation, or revenge, directed at someone with whom the accused is or was in an intimate relationship.
That definition covers current and former spouses, romantic partners, and co-parents. Colorado courts have interpreted this broadly. You do not have to have lived together. The relationship does not have to have been long-term. And critically, you do not have to have touched the other person at all for a Domestic Violence charge to apply. This means a Harassment charge tied to repeated texts or phone calls can carry a Domestic Violence enhancement even when the conduct was entirely non-physical.
Penalty for Larimer County Harassment Charges: What Are You Actually Facing?
The penalty for harassment in Colorado depends on the conduct alleged:
Class 1 Misdemeanor — Up to 364 days in the Larimer County Jail and/or a fine up to $1,000. This applies when the Harassment involves physical contact (striking, shoving, etc.), following someone in a public place, or when the alleged conduct was motivated by the victim’s race, religion, sexual orientation, disability, or other protected characteristic.
Class 2 Misdemeanor — Up to 120 days in the Larimer County Jail and/or a fine up to $750. This applies to most other forms of Harassment, including repeated unwanted communications.
Petty Offense – up to 10 days in the Larimer County Jail and up to $300 in fines. Directing obscene language or making an obscene gesture at someone in public is charged as a petty offense.
Domestic Violence Harassment in Fort Collins: What Are the Penalties for Domestic Violence in Colorado?
On their own, the Harassment penalties are serious. But with a Domestic Violence enhancement, the consequences stack up quickly:
Mandatory Protection Order. The moment you are charged with a Domestic Violence offense in Colorado, a protection order is automatically issued against you. This order may prohibit you from returning to your own home, contacting your children, or going near your workplace if it is close to the protected party. Violating that order, even inadvertently, is a separate crime.
Mandatory Arrest. Unlike many criminal matters, Domestic Violence cases trigger Colorado’s mandatory arrest law. If police respond to a DV-related call involving an intimate partner, they are required to make an arrest. You will not be given a summons and told to appear in court later.
Mandatory Treatment. Any probation sentence involving a Domestic Violence conviction in Colorado requires completion of a Domestic Violence evaluation and any recommended treatment program. This process takes time and money, and it is imposed in every DV probation sentence without exception.
Loss of Firearm Rights. A Domestic Violence conviction (even for a misdemeanor) triggers a federal prohibition on possessing firearms. This affects hunters, military personnel, law enforcement officers, and anyone who currently owns or wishes to own a firearm.
Habitual DV Offender Felony. If you have three prior Domestic Violence convictions from three separate incidents in Colorado, a subsequent charge, even a low-level misdemeanor, can be charged as a Class 5 felony.
Charged with Harassment as an Act of Domestic Violence in Colorado? Your Next Step
If you have been charged, or believe you may be charged, with Domestic Violence Harassment in Fort Collins or anywhere in Larimer County, do not wait. Do not talk to police without an attorney present. Do not try to reach the other party to “work things out.” And do not assume that because it is “just a misdemeanor,” it will go away on its own.
Our office represents people charged with Domestic Violence offenses throughout the Fort Collins area, including cases in Larimer County District and County Court and Fort Collins Municipal Court. We know the prosecutors, we know the judges, and we know how to build a defense strategy tailored to the specific facts of your case.
Call us today for a free consultation. The earlier you have counsel involved, the more options you have.
If you or someone you love has been charged with Harassment, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
Photo by Keira Burton