Domestic Violence and Intimate Relationships: Sex Not Required

How does Colorado Law define intimate relationships? Read more about their definition and why you need an experienced lawyer for your domestic violence case
In order to be charged with a domestic violence offense, the accusing ‘victim’ and the accused must have been in an ‘intimate relationship.’ But what does the law see as intimate relationships?

Fort Collins Domestic Violence Attorney: Definition of Intimate Relationships

Colorado Law C.R.S. 18-6-800.3 defines intimate relationship 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

The Supreme Court decided there are three factors to take into consideration when deciding if a relationship falls into the ‘intimate relationship’ category:

  1. The length of time the relationship existed.
  2. The nature or type of relationship.
  3. The frequency of interaction between the parties.

Previously, an intimate relationship needed to have a sexual component. Now, almost any type of relationship could be considered intimate. If the couple dated a few times, kissed or held hands, without ever having had sex, the courts see them as having had an intimate relationship and therefore a domestic violence offense could be applicable if there was a situation within the relationship.

Larimer County Domestic Violence Lawyer: Domestic Violence Is Not a Charge on its Own

You cannot be charged with Domestic Violence in Fort Collins, Loveland or Estes Park. In Colorado, domestic violence is not a charge on its own. Instead, it is a sentence enhancer. This means if your ex-girlfriend accuses you of Harassment, because of the intimate relationship piece, you would get charged with Harassment – Domestic Violence. Or, if your child’s father files a police report claiming you assaulted him, you would be charged with Assault – as an act of Domestic Violence. The DV sentence enhancer allows for harsher punishments at your sentencing, including Domestic Violence Treatment.

Why You Need An Attorney for Your Domestic Violence Allegations

Person charged with or found guilty of domestic violence can lose their jobs, families, and freedom. An attorney experienced in handling complex cases, who understands the long-term consequences of both a charge and conviction, can advocate for you and advise you of all risks and outcomes.

If contacted by the police for domestic violence allegations, be smart, exercise your right remain silent, and call (970) 658-0007 to speak with the experienced DV lawyers at the O’Malley Law Office. Together, we can protect your future.