Domestic Violence

Under Colorado statutes, domestic violence refers to either an act or a threatened act of violence against a partner who has been involved in an intimate relationship with the other partner. The domestic violence may be against the person or against his or her property as a means to control, punish, coerce, intimidate or take revenge on that partner. An intimate relationship is considered to be a relationship between spouses, former spouses, unmarried couples, or couples who are both parents of the same child, whether or not they have ever been married or lived together.

Anyone convicted of domestic violence must receive a treatment evaluation that meets the standards of the Domestic Management Treatment Board, and many people must also complete a treatment program based on the evaluation, if determined appropriate by the court. Most treatment programs combine therapy and an educative approach to assist partners in overcoming their tendency to control, punish, intimidate or take revenge on their partners. If the accused has been convicted previously of a felony, misdemeanor, or municipal ordinance violation where the court found the underlying cause included an act of domestic violence, the defendant may face charges as a habitual domestic violence offender, which is a Class 5 felony.

Conviction for domestic violence may result in the following penalties:

  • 24 months probation or jail
  • 36 weeks in a treatment program
  • Restraining order against communicating with partner/spouse
  • Prohibition of drugs or alcohol use if these substances were influencing factors in the domestic violence
  • No possession or use of firearms or weapons
  • Jail sentence if a repeated offense

If you are accused of domestic violence and the police determine there was probable cause, the police will make out a report and hold you overnight in jail without bond. Because domestic violence charges can have serious repercussions on your life, it is critical to obtain an experienced criminal defense attorney as soon as possible. An attorney will help you evaluate your options, look into the possibility of lesser charges, and in some instances may be able to get your case dismissed.

See examples of Colorado domestic violence casework Patrick Mulligan has successfully litigated here.

To find out how Patrick Mulligan can help you with your appeal, go here or call (303) 860-8100.