Domestic Violence laws are too broad in Fort Collins, Loveland, Estes Park, and all across Larimer County. I say this with confidence because any crime can be labeled Domestic Violence (DV) if it involves two people who have been in an intimate relationship, regardless of whether or not the crime was violent in nature. In fact, Domestic Violence isn’t a crime in and of itself – in reality, it is a “sentence-enhancer” which can be added to any underlying crime. In this blog we’ll take a look at how broad this offense really is:
Everything (Even Non-Violence) Can Be DV Under this Broad Law
We’ll cut to the chase: the reason DV law is so broad is because the Colorado Legislature has written it that way to please special interest groups. How can we say this? Let’s take a closer look at the Domestic Violence statute (C.R.S. 18-6-800.3):
“Intimate Relationship”: This term used to mean two people who had a sexual relationship. This is no longer true. Now, proof of a sexual relationship is not needed for a conviction, making this statute far too broad.
Motives Can’t Be Determined: Any crime which involves an “element of coercion, control, punishment, intimidation, or revenge” can receive the Domestic Violence label. It is almost impossible to determine the reason and motives behind and action, making this statute broad and easily charged.
For example, a harassing text can be labeled as DV. Selling a TV which is owned jointly can be charged as Criminal Mischief Domestic Violence. We often see Theft Domestic Violence charges after a person gives away a pet they own with an ex, Assault Domestic Violence charges after a shove during an argument, and Criminal Mischief Domestic Violence charges after a person damages property or belongings in Fort Collins.
Law Enforcement and Courts are Impacted by Broad DV Laws
When laws are written too broadly, innocent people pay the price. This is because broad laws impact the Fort Collins and Loveland police, Larimer County District Attorneys, and judges.
Police and Domestic Violence:
We often see Fort Collins police respond to a Domestic Violence call, there is a mandatory arrest. The police and Larimer County Sheriff’s Deputies have a “rescue mentality” when it comes to DV situations. Women use this knowledge to manipulate the police into arresting their ex. 90% of the time, the man is arrested when the cute “victim” is being harassed, with no questions asked or evidence needed.
District Attorneys and Special Interest Groups:
The Larimer County District Attorney’s office receives tax dollars to fund a victim’s rights program. They work with Victim’s Advocates, and have a taxpayer-funded courthouse hideouts for alleged victims. Victim’s Rights Advocates coddle alleged victims, and give them special treatment. They are allowed into a lounge where they don’t have to speak to anyone. Heaven forbid a criminal defense attorney talk to them and find out the real truth!
Judges and Victim’s Bill of Rights:
When it comes to Domestic Violence cases, judge’s hands are tied. Because of the Victim’s Bill of Rights, they can’t accept a plea deal, modify a bond, or conduct a sentencing hearing without the District Attorney first consulting with the alleged victim in the case. We often drive to the Fort Collins courthouse only to find the District Attorney hasn’t fulfilled the requirements of the Victim’s Bill of Rights.
Good People are Being Charged: Why You Need a Lawyer
Because the Domestic Violence statute is far too broad, innocent people are being charged and filling the Larimer County Jail in Fort Collins and the Colorado Department of Corrections. Good people are paying the price of the poorly written, broad DV law by paying higher taxes, being arrested unjustly, and dealing with the fallout of a criminal record. We defend people who have been needlessly charged with Domestic Violence in Fort Collins and throughout Larimer County. If you have been contacted by the Fort Collins Police, Loveland Police, or Estes Park Police about DV charges, don’t speak with them. They will use what you say against you in court. Instead, contact an experienced criminal lawyer who can fight to defend your reputation and future. We visit the Larimer County Jail on short notice to discuss a plan of action for people who have been arrested on Domestic Violence charges.
If you or a loved one has been charged with Domestic Violence in Fort Collins, Loveland, or Estes Park, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 970-658-0007. Together, we can protect your future.
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