A Denver Nuggets player and his girlfriend have been charged with Domestic Violence – C.R.S. 18-6-800.3 after a domestic violence dispute at his home earlier this year. Domestic violence (DV) is a very common, broad sentence enhancer that is charged in Larimer, Arapahoe and Weld County, only in addition to another crime, such as Assault – C.R.S. 18-3-203, or Disorderly Conduct – C.R.S. 18-9-106).
Domestic Violence Disputes: No Physical Violence Has to Occur in Larimer County
Domestic violence disputes are common throughout Larimer County and Colorado. Because the definition is so broad, a look into many homes in Fort Collins, Loveland and Estes Park would reveal DV disputes. According to Colorado statute, domestic violence is defined as:
“An act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship…it also includes any other crime against a person, or against property, including an animal…when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.”
In the domestic violence dispute between the Nuggets player and his girlfriend, they were both charged with Criminal Mischief – C.R.S. 18-4-501, because they broke each other’s phones. There was no physical violence towards each other. The only reason they were charged with DV is because of their “intimate relationship.”
Domestic Violence Disputes: Intimate Relationship Has Been Redefined
In order for DV to be charged, there must be an “intimate relationship” between the two parties involved. Previously, Colorado courts defined this relationship as a sexual one. But, in a recent Supreme Court case, “intimate relationship” was redefined: “Evidence of a sexual relationship is not necessary to establish the existence of an intimate relationship” (People v. Disher, 224 P.3d, 254 (Colo, 2010) (Id. at 255). Because of the broad nature of this offense, many more people are being charged with domestic violence after disputes.
Consequences of a Domestic Violence Conviction
In every criminal case in Colorado, a protection and restraining order is issued. In the case involving the Nugget’s player, the court issued a Mandatory Protection Order – C.R.S. 18-1-1001 against him. There are many restrictions to a restraining order, and many of his freedoms will be taken away. Also, if the player and his girlfriend are convicted of criminal mischief and domestic violence, they will need to undergo a Domestic Violence Offender Evaluation and Treatment Program.