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Domestic Violence Charges

 

Under Colorado law, “Domestic Violence” means an act or threatened act of violence upon a person with whom the actor / suspect / defendant 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.
 
Under Colorado law, “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.
 
Because the definition of domestic violence and intimate relationship are so broad, including a crime against a person, property, or animal, by a current or past mate, a person accused of domestic violence could be charged under several criminal charges under Colorado law.  Although not all the possible criminal charges in a domestic violence situation are included, the most common criminal charges that a person may face when the alleged assailant and the alleged victim are in an intimate relationship are:

Domestic Violence - Harassment

 

Under Colorado law, a person commits harassment if, with intent to harass, annoy, or alarm another person, he or she:
 
• Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact, or;
• In a public place directs obscene language or makes an obscene gesture to or at another person;
• Initiates communication with a person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, or computer system in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, or computer system that is obscene, or;
• Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or
• Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another’s home or private residence or other private property; or
• Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response.
 
Harassment is a class 3 misdemeanor.

Domestic Violence - Third Degree Assault

 

Under Colorado law, a person commits the crime of assault in the third degree if:
• The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon.
 
Third degree assault is class 1 misdemeanor.

Domestic Violence - Second Degree Assault

 

Under Colorado law, a person commits the crime of second degree assault if:
• With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or
• Recklessly causes serious bodily injury to another person by means of a deadly weapon; or
 
Second degree assault is a class 4 felony.
 

Domestic Violence - Menacing

 

Under Colorado law, a person commits the crime of menacing if by any threat or physical action, he or she knowingly places or attempt to place another in fear of imminent serious bodily injury.  
 
Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed by the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon or by the suspect representing verbally or otherwise that he or she is armed with a deadly weapon.

Domestic Violence - Criminal Mischief

 

Under Colorado law, a person who knowingly damages the real or personal property of another, including property owned by the person jointly or with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode commits the crime of criminal mischief.
 
If the value of the property is less than $500 it is a class 2 misdemeanor.
 
If the value of the property is $500 or more, but less than $1000 it is a class 1 misdemeanor.
 
If the value of the property is $1000 but less than $20,000 it is a class 4 felony.
 
If the value of the property is more than $20,000 it is a class 3 felony.

Domestic Violence - Obstruction of Telephone or Telegraph Service

 

Under Colorado law, a person commits obstruction of telephone or telegraph service the person knowingly prevents, obstructs, or delays, by any means whatsoever, the sending, transmission, conveyance, or delivery in this state or any message, communication, or report by or through any telegraph or phone line, wire, cable, or other facility or nay cordless, wireless, electronic, mechanical, or other device.
 
Obstruction of telephone or telegraph service is a class 1 misdemeanor.

Domestic Violence - False Imprisonment

 

Under Colorado law, any person who knowingly confines or detains another without the other’s consent and without proper legal authority (police officer or other law enforcement) commits false imprisonment.
 
False Imprisonment is a generally a class 2 misdemeanor; it is a class 5 felony if the suspect uses force or threat of force to confine or detain the other person and does confine or detain the person for 12 hours or more.

Domestic Violence - Stalking

 

Under Colorado law, a person commits stalking if directly, or indirectly through another person, the person knowingly:
• Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person’s immediate family or someone with whom that person has or has had a continuing relationship; or
• Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that persons immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or
• Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional  distress.
 
Stalking is a class 5 felony for a first offense, or a class 4 felony if at the time of the offense, there was a temporary or permanent protection order, injunction, or condition of bond, probation, or parole or any other court order in effect against the person, prohibiting the behavior described.
 
Stalking is a class 4 felony for a second or subsequent offense, if the offense occurs within seven years after the date of a prior offense for which the person was convicted.

Domestic Violence - Violation of Protection Order

 

Under Colorado law, a person commits the crime of violation of a protection order if, after the person has been personally served with a protection order that identifies the person as a restrained person or otherwise has acquired from the court of law enforcement personnel actually knowledge of the contents of a protection order that identifies the person as a restrained person, the person contacts, harasses, injures, intimidates, molests, threatens, or touches the protected person or protected property, including an animal, identified in the protection order or enters or remain on premises or comes within a specified distance of the protected person, protected property, including an animal, or premises or violates any other provision of the protection order to protect the protected person from imminent danger to life or health, and such conduct is prohibited by the protection order; or hires, employs, or otherwise contracts with another person to locate or assist in the location of the protected person.
 
Violation of a protection order is a class 2 misdemeanor; except that, if the restrained person has previously been convicted of violating this protection order statute or a similar ordinance or if the protection order is issued pursuant to a criminal case, the violation is a class 1 misdemeanor.
 
A second or subsequent violation of a protection order is an extraordinary risk crime that is subject to a modified sentencing range.