Earlier this year, a police detective with the Fort Collins police was arrested and charged with Harassment Domestic Violence. According to reports, the detective was charged because he was placing repeated phone calls to another person. Because the sentence – enhancer of Domestic Violence was added, we know these phone calls were directed to someone he has an intimate relationship with. Let’s look closer at these two charges, and determine why the detective was accused in Larimer County:
The Elements of Harassment
Harassment – C.R.S. 18-9-111, is easily committed in Boulder, Jackson, and Grand County. The Colorado statute lists a number of ways in which Harassment is charged, if done with the intent to “harass, annoy, or alarm another person.” These are:
- Making physical contact (such as striking, kicking, touching, shoving, etc.)
- Using obscene language or gestures at another person in a public place
- Communicating via the telephone or computer with the intent to harass, or making obscene proposals or suggestions
- Making repeated telephone calls, with no purpose of legitimate conversation
- Make repeated communications during inconvenient hours, invading another person’s privacy
- Repeatedly taunt, insult, or use coarse language to another person in a way which is likely to provoke a disorderly or violent response
As you can see, “making repeated phone calls” is included in this statute. The laws related to Harassment are vague in Loveland, Estes Park, and Berthoud. How do you determine if someone’s intent was to “annoy” another person? Also, there can be a good explanation for making repeated phone calls. Many people are charged with crime and plead guilty, not knowing the long-term consequences of a conviction.
[pullquote align=”center” textalign=”center” width=”60%”]How do you determine if someone was intending to “annoy” another person?[/pullquote]The Elements of Domestic Violence
Domestic Violence – C.R.S. 18-6-800.3 is a sentence-enhancer. This means it isn’t a crime in and of itself; instead, it can be added onto any crime. In order to be added to any crime, the original crime must be committed between two people who are in (or have been in the past) an intimate relationship. So, if a woman breaks her ex-boyfriends TV as revenge, she would be charged with Criminal Mischief Domestic Violence. The police detective was most likely charged with Harassment Domestic Violence because he made repeated phone calls to someone he is in a relationship with, or was in a relationship with in the past. Unfortunately, a few years ago the Colorado Supreme Court ruled that “intimate relationship” didn’t necessarily mean a sexual relationship. This makes the label of Domestic Violence even easier to charge. In theory, a person could be arrested for Domestic Violence for committing a crime against someone he once held hands with in high school.
Why You Need an Experience Criminal Defense Attorney for Harassment Charges
The police detective would be wise to hire an experienced criminal defense attorney to fight his Harassment charges, because a criminal record, no matter how small the offense, is damaging to a person’s future. Many people don’t understand the implications of having a crime such as Harassment on their permanent records. They could have a difficult time getting a job or housing. And, in Harassment Domestic Violence cases, a protection / restraining order is issued. Don’t give away your rights. Contact an attorney who can fight on your behalf in court.