dOMESTIC vIOLENCE
Domestic violence charges bring with them a stigma of someone who is angry, who beats their loved ones, and who is a danger to the rest of society. A domestic violence related charge can cost you your family, your job, and your home. You do not want to face this type of charge alone.
If you or a loved one has been charged with a crime of domestic violence, you need an experienced attorney right away. Contact the Law Offices of Jason R. Gardner today at (303) 552-1720 for assistance, or click on the button below to schedule an appointment.
Domestic Violence is all Around you
Domestic violence is on the rise across the nation. In Colorado, the number of occurrences of domestic violence increases every year. According to the National Coalition Against Domestic Violence, 36.8% of women and 30.5% of men in Colorado experience intimate partner physical violence, sexual violence, or stalking. Because domestic violence is so prevalent, public policy and public opinion cast a very dark light and some very heavy sanctions on those who are charged with a domestic violence charge.
The police also believe that any time a crime is reported, and it is between two individuals in a relationship, that they must charge the crime as a domestic violence charge. If a child is present, then a charge of Child Abuse will also be added.
What is Domestic Violence?
Domestic violence in Colorado is where a person is charged with committing almost any crime against an intimate partner. An intimate partner can be a current or former spouse, boyfriend or girlfriend, family member, or parent of a shared child. Domestic violence is also found everywhere in Colorado, and despite common notions about domestic violence, it does not always involve physical violence. Many individuals are charged with an act of domestic violence, even though no violent crime or action taken by the person charged. Commonly, individuals are charged with theft, harassment, or even criminal mischief as an act of domestic violence. If a child is present during an act of domestic violence, a charge of child abuse almost always accompanies the domestic violence related charge.
Domestic violence charges are very serious. If you have been charged with domestic violence, contact the firm for a consultation appointment right away.
Is Domestic Violence an actual charge?
Domestic Violence is a sentence enhancer to other criminal charges. While often noted as a charge on a Summons and Complaint, or listed as a charge on an Arrest Warrant, domestic violence is actually a statutory sentence enhancer (C.R.S. 18-6-800.3) which adds additional sanctions on to a sentence to a given charge.
A common example of a domestic violence charge is when a person is charged with 3rd Degree Assault, as an act of domestic violence. What this means to you is that if you are charged with the crime of Assault, and the victim of the crime is an intimate partner, there can be extra penalties and treatment which are added on to the statutory penalties which come with the charge of Assault if you are convicted or accept a plea agreement to resolve your case.
Domestic violence sanctions can include additional jail time and always require statutorily required domestic violence treatment, which can add up to 36 weeks of treatment on to any sentence you receive for such a charge, as well as additional costs (C.R.S. 18-6-801). If a person is convicted in three or more domestic violence cases, they can also be charged as a habitual offender, and will face even harsher sentencing and even upgrading of charges.
Common Domestic Violence Charges and Issues
The most common charges associated with domestic violence are Assault, Harassment, Disorderly Conduct, False Imprisonment, and even Criminal Mischief or Theft. Not all of these charges are considered violent charges, but when they are charged against you and the victim is an intimate partner, law enforcement will almost always charge the criminal act as an act of domestic violence.
Another major issue with being charged with domestic violence is that you will face a Mandatory Protection Order, and you will often be ordered to vacate your own home, you may be forced to stay away from your significant other or children, and the District Attorney’s Office will aggressively prosecute you.
Colorado Domestic Violence Statute C.R.S. 18-6-800.3
(1) “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. “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.
(2) “Intimate relationship” means 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.
If you have been charged with domestic violence, you need serious representation right away. Please give the firm a call at (303) 552-1720, or click the Schedule an Appointment Button to setup a New Client Consultation right away.