married or have lived together at any time.”  See C.R.S. § 18-6-800.3(2).

The police or district attorney charge domestic violence as a sentence enhancer when a crime occurs between spouses, intimate partners (boyfriends/girlfriends), and former intimate partners.  So, even if you key the car of your elementary school girlfriend who is now in her twenties, you could be charged with

domestic violence.  Additionally, if you slap a man you have only had sex with once, you could be charged with domestic violence.  Moreover, be aware Colorado law requires police to arrest a person if they have probable cause that the person committed an act of domestic violence.  See C.R.S. § 18-6-803.6(1).  Therefore, even for the most minor crimes where domestic violence is also charged, the individual charged must spend at least a few hours (typically one night) in jail.

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The crime most commonly associated with domestic violence is assault.  While the term assault typically brings images of someone punched in the face with a black eye and bloody nose, third degree assault includes any knowing touching of another person that causes pain.  See C.R.S. § 18-3-204(1)(a).  So, pinching your boyfriend could be considered a domestic violence assault.  Most assaults are also accompanied with harassment charges.  Harassment is when someone touches another person with the intent to harass, annoy, or alarm but there is no injury.  See C.R.S. § 18-9-111(1)(a).  However, harassment also includes the following:

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• Obscene language in a public place, C.R.S. § 18-9-111(1)(b);

• Following someone in a public place, C.R.S. § 18-9-111(1)(c);

• Threats by text or phone, C.R.S. § 18-9-111(1)(e);

• Repeatedly calling or texting, C.R.S. § 18-9-111(1)(f), (g); and

• Insulting or taunting someone to fight, C.R.S. § 18-9-111(1)(h).

 

If you commit any of these crimes against an intimate or former intimate partner, you can be charged with domestic violence. 

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Other crimes that are commonly associated with domestic violence include:

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• Criminal mischief – damaging someone else’s property, C.R.S. § 18-4-501(1);

• Menacing – threatening someone with imminent bodily injury, typically with a weapon, C.R.S. § 18-3-206(1);

• Violation of a protection order – contacting someone who has a protection order against you when you know there’s a protection order, C.R.S. § 18-6-803.5(1); and

• Stalking – repeatedly following someone with the intent to cause emotional distress, C.R.S. § 18-3-602(1).

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Domestic violence cases are complicated.  You should speak with an attorney who has experience with domestic violence cases before deciding how to handle the case.  When domestic violence is charged, the district attorney has no choice but to offer a plea with the enhanced domestic violence sentence unless the district attorney makes a record that they could not prove the defendant and victim were in an intimate relationship.  See C.R.S. § 18–6–801(3).  This typically means the court must place the defendant on a lengthy supervised probation term and order domestic violence treatment, which the defendant must pay for.  These additional sentences and costs sometimes make the additional costs of trial worthwhile in domestic violence cases.  In addition, the nature of domestic violence cases and relationships also encourage trial in many cases.  First, the evidence the district attorney typically uses in a domestic violence case likely comes solely from one single person.  The police and district attorney rarely accept the defendant’s version of events and only hear one side of the story.  However, the credibility of a defendant and victim and each person’s version of events is something a jury, not a district attorney or police officer, will decide when you go to trial.  Some ex’s are willing to lie, exaggerate, or omit certain facts when they have been hurt by cheating or lying.  While lying or cheating on a partner may be morally wrong, it is not grounds for a criminal offense.  Next, many domestic violence relationships are volatile and domestic violence committed by both partners.  However, character evidence, or evidence about a past act, is typically inadmissible at trial.  See CRE 404.  An experienced domestic violence attorney will understand how to introduce evidence of past domestic violence of the victim, which can be extremely powerful in helping a jury decide who is the initial aggressor.  Finally, for domestic violence cases that do not involve an assault, the district attorney must prove you committed the crime as a means of coercion, control, punishment, intimidation, or revenge. In many cases, this is simply not the case.  If you accidentally text your ex who has a protection order against you or consume alcohol when a protection order stemming from a domestic violence case restrains you from consuming alcohol, should you be charged with domestic violence?  Probably not because while you may have violated the protection order, you did not do it to control or coerce your ex.  However, many district attorneys will only look at the fact that the case involves former intimate partners and try to proceed on domestic violence charges.  Make sure you have an attorney with domestic violence experience that knows how to effectively argue to a jury that non-violent domestic violence must be done for control, coercion, punishment, or revenge.  Although setting a domestic violence case for trial will likely incur additional attorney’s fees, in many cases it can be worth it simply to avoid pleading guilty to the domestic violence sentence enhancer saving you time, effort, and money.