Domestic Violence is a sentence enhancer that can be attached to any underlying crime when the two parties involved are or have been in an intimate relationship. This can apply to a low level misdemeanor, like Harassment or a high level felony, like First Degree Assault. While many think of the holidays as a time of family and fun, for others it can be a time of great stress. Stress causes people to be reactive and sometimes, that results in criminal charges. We tend to take out our stress on those closest to us, hence, Domestic Violence charges may result.
Fort Collins Domestic Violence Lawyer: Definition of Domestic Violence in Colorado
The Fort Collins and Larimer County, Colorado law definition of Domestic Violence – C.R.S. 18-6-800.3 – is:
Normally, when people hear the term ‘Domestic Violence’ they think of a violent or aggressive act, but that is not always the case. Because it can be ANY underlying crime, there may be no physical aggression involved. For example, say you find out that your girlfriend is cheating on you. You pack your things to leave the house and take her phone with you because it is under your name and you pay the bill. It makes sense to you that you would be allowed to take your property. Well, she gets mad and calls the police. You could end up being charged with Obstruction of a Telephone Service – Domestic Violence for taking the phone.
Holiday Stress and Domestic Violence Charges – Advice from an Experienced Loveland Defense Attorney
There are many reasons why law enforcement may get involved in a domestic issue. Sometimes one party calls to get help de-escalating the situation and someone ends up in handcuffs. Maybe the neighbors call thinking they are being helpful. Or sometimes someone just gets mad enough that they call the police as an act of revenge. Whatever the situation, if holiday stress leads to an interaction with police, we ALWAYS advise people to remain silent. You are never going to talk yourself out of criminal charges. Making statements only ends up hurting people in the long run.