Colorado Revised Statute 18-6-800.3 CRS defines “domestic violence” as:

“an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation 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.”

The same statute 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.”

In short, domestic violence is committing any crime against an intimate partner’s

• body,
• belongings, or
• pet

as a way to punish, frighten, or otherwise coerce them.

Domestic violence does not have to involve hitting. Merely harassing a current or former

• husband,
• wife,
• girlfriend,
• boyfriend, or
• co-parent

can qualify as domestic violence.¹

What is the penalty for domestic violence in Colorado?

Domestic violence is not a separate offense in Colorado. Instead, it is an enhancement that attaches to the underlying crime.

People convicted of a crime with the domestic violence enhancement may be ordered to

• complete a domestic violence treatment program and
• comply with a restraining order.

However, a fourth-time conviction involving a domestic violence offense triggers you being classified as a habitual domestic violence offender. A class 5 felony, this carries:

• One to three years in Colorado State Prison (with mandatory two-year parole), and/or
• A fine of $1,000 to $100,000.²

This punishment is in addition to the sentence for the underlying crime.

Note that violating a protective order (CRS 18-6-803.5) is typically a class 1 misdemeanor. The punishment is:

• Up to 364 days in jail and/or
• A fine of up to $1,000 in fines.³

Also note that domestic violence convictions are not sealable from your criminal records unless the case was in municipal court.

In municipal court, domestic violence-related convictions can be sealed three years after the case ends. Though in any court, a dismissed domestic violence-related charge can be sealed right away.⁴

Domestic violence is not a separate Colorado crime.

What are common domestic violence crimes?

Twelve criminal offenses that commonly involve the domestic violence enhancement are:

1. Assault (CRS 18-3-202 – 204)
2. Elder abuse (CRS 18-6.5-103)
3. Sexual assault (CRS 18-3-402)
4. Stalking a.k.a. “Vonnie’s Law” (CRS 18-3-602)
5. Harassment (CRS 18-9-111)
6. Criminal mischief (CRS 18-4-501)
7. False imprisonment (CRS 18-3-303)
8. Violating a restraining order (CRS 18-6-803.5)
9. Child abuse (CRS 18-6-401)
10. Sexual contact (CRS 18-3-404)
11. Menacing (CRS 18-3-206)
12. Trespass (CRS 18-4-502 – 504)

Note that criminal cases involving violations of Colorado domestic violence laws get fast tracked. This means that:

• Police officers fill out a police report on the same day the mandatory arrest occurred; and
• You enter an initial plea during the first court hearing.

In non-domestic violence cases, arraignments typically occur several weeks after the arrest (assuming you are not in custody). The reason for fast-tracking DV cases is to protect the alleged victim of domestic violence and to treat the aggressor.⁵

How can I fight domestic violence charges?

Colorado domestic violence lawyers frequently rely on the following defenses to fight DV-related criminal charges.

• Any physical violence you committed was in lawful self-defense
• The officer had insufficient probable cause to arrest you
• The incident was an accident
• The accuser and you have a child, and the accuser levied false allegations in attempt to win child custody
• The accuser and you were not in an intimate relationship

Depending on the case, a criminal defense attorney may be able to persuade prosecutors to reduce or dismiss the charges without a trial.

Further Resources:

People can report an alleged act of domestic violence at the National Domestic Violence Hotline at (800) 799-SAFE (7233). They also have resources for victims of physical abuse, emotional abuse, and sexual abuse. Also learn how to get a civil protection order in Colorado.

See our criminal law firm’s related article, What class of crime is domestic violence in Colorado?

Legal References