Domestic Violence – C.R.S. 18-6-800.3 is commonly charged throughout Larimer County, Colorado. Domestic Violence (DV) is not a crime in and of itself. Instead, it is a sentence enhancer which can be attached to any crime – whether it be Harassment, Theft, or Disorderly Conduct. All that is required is that you have an “intimate relationship” (or past intimate relationship) with the person alleged to be the victim of your crime. Unfortunately, the law is vague when it comes to the definition of “intimate relationship.” Let’s discuss this further to discover what happens when words lose their meaning:
“ Intimate Relationship ” No Longer Means a Sexual Relationship
According to Colorado statute, “Domestic Violence means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” Later, the term “intimate relationship” is defined as a “relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.” This seems straightforward. To make it simple, we can assume “intimate relationship” means a sexual relationship, right? WRONG!
In 2010, a case went to the Colorado Supreme Court (People v. Disher, 224 P.3d, 254 (Colo, 2010)). The Supreme Court interpreted the term “intimate relationship” differently by stating: “Evidence of a sexual relationship is not necessary to establish the existence of an intimate relationship.” Id. at 255. This reinterpretation completely changes the rules. Now, the definition of intimate relationship is left to the interpretation of the courts. After the 2010 ruling in the Disher case, instances where a person can be charged with DV are numerous. Could a person be charged with Domestic Violence if they get into a fight with a girl they once held hands with? What about being charged with Harassment and DV for yelling at the guy you kissed once back in high school? The possibilities are endless. When words lose their meaning, innocent people go to jail or prison.
Why You Need an Experienced Criminal Defense Lawyer
It is easy to be charged with Domestic Violence. An old girlfriend (or acquaintance) can accuse you of a crime to which an ambitious District Attorney attaches the label of DV. Don’t get caught defending yourself alone in court, or work with an a biased former prosecutor. If you are convicted of DV, you will have to go through Domestic Violence treatment overseen by the Domestic Violence Offender Management Board (DVOMB). You will be required to pay for this treatment. You could also lose your firearm rights. Know your rights and work with an attorney who has experience fighting for good people in unlawful Domestic Violence cases.
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 at 970-658-0007. Together, we can protect your future.
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