To give it a definition, we might say that domestic violence is either verbal, physical, or emotional barbarity against your partner with whom you are or have been involved in an intimate relationship. In Colorado, the laws that protect people from domestic violence are quite potent, and the punishment for such a heinous crime is taken very seriously by the courts of Colorado. That’s why, if you are ever involved in a case of domestic violence, remember to use your sanity and call a domestic violence lawyer to help you ensure that your rights are well-protected.
What Should You Know About Domestic Violence Laws In Colorado?
The criminal code in Colorado defines various acts against the victim as acts of violence. Since the law is so stringent, if you call for help, there will be a mandatory arrest of the person inflicting the violence after a probable cause has been discovered. But before you make the call, take precautionary measures in understanding various renditions of the domestic violence laws in your state. You can do so by consulting with an expert domestic violence lawyer. Here’s a list of 9 things you should know about this law:
What Do Domestic Violence Laws In Colorado Include?
In Colorado, Courts have gone a long way to ensure that a person’s rights are well protected from domestic violence. Thus, the law against this barbaric act includes; violence against a person, who may or may not be intimately connected to them, destruction of property, and harm to animals. The severity of the crime may be measured by assessing if the offender has used control, coercion, intimidation, or revenge to inflict violence on the person, whom they are or have been involved in an intimate relationship.
What Is The Penalty Given To A Domestic Violence Offender?
Usually, there isn’t a specific penalty defined for a DV offender. However, a person guilty of domestic violation may be subject to umpteen fines and prison charges, all depending on the vitality of their underlying crime. Besides, a domestic violence lawyer may work to ensure that they have a protective order issued against them. It is essential to also know that court sentences the defendant for assault or any offense, while even ordering them to undergo a DV treatment program.
Is Domestic Violence Considered A Separate Crime In Colorado?
Domestic violence isn’t considered a crime in itself in Colorado. In other words, domestic violence is not regarded as an independent crime but is more appropriately a sentence enhancing tool. Domestic violence against a person is only valid when the offender and the victim are known to have an intimate relationship. Therefore, Domestic Violence is seen as an enhanced punishment for any offense against their current or former spouse. A good domestic violence lawyer would help in making clear this concept of law better.
The Provision Of Protective Orders
The Colorado domestic violence law includes the legal facility of Protective orders to the offender for the safety and security of the victim. Besides, Protective orders are considered an essential part of the penalty allotted to the defendant, with help from a reputed domestic violence attorney. A court Judge usually issues this order as a ‘temporary civil protective order’ if, after considering the evidence, he finds that an impending threat exists to the victim. After this ordinance is passed, the offender is restrained from contact with the protected person.
Violation Of A Protective Order. Now, if the defendant violates the temporary civil protective order, he or she is liable for an imprisonment of 12 months in jail and a fine of $250. This violation comes under the Class 2 misdemeanor and is added on top of the existing charges of offenses of domestic violence. Also, if the said person has been previously convicted of breaching a protective order, they are punishable by up to 18 months of imprisonment and a fine of $500 under the Colorado State Law.
Mandatory Arrest Of The Offender. In the usual cases that don’t involve domestic violence as a means of an offense, Police are generally ordered to arrest offenders by the court. But in this particular case, if they have a probable cause that a person has committed an offense under the purview of domestic violence, then they are bound to arrest the offender without any delay, and that is something which can’t be avoided. Therefore, it is not necessary that while making the arrest, the court remains privy to it.
Victim Can’t Drop Their Charges. Talking about laws being stern, the Colorado state law forbids a person to take back the domestic violence charges they have filed. For instance, if you are the victim who has once reported a case of domestic violence against yourself and wishes to drop it – sorry, but that can’t happen. Your domestic violence lawyer would also advise against it as the Colorado State considers crimes of this kind to be in direct violation of its sanctity and tranquillity.
Laws On The Dismissal Of Domestic Violence Conviction. Typically, Domestic Violence convictions are the hardest to dismiss. However, it depends on the type of court they are being assessed. If they are being assessed in a municipal court, these charges remain on the defendant’s record forever. However, a domestic violence lawyer may apply for dismissal in a non-municipal court, with a 3-year waiting period.
Domestic Violence – A Violation Of A Victim’s Rights. If you consult any competent domestic violence lawyer in your neighborhood, they would inform you that, according to the state Constitution of Colorado, any kind of domestic crime is considered to be a violation of the victim’s rights. To cover this, the victim has a right to legal representation. Further, they also have the right to be informed of the accused’s bail. These and many other such provisions are given to safeguard the rights and well-being of the victim.