Domestic Violence Laws in Greeley
Despite what most people think, domestic violence is not a separate crime from other acts of violence. It is a sentence enhancer or a “designation.” If the government pursues charges against an individual, those charges will also include a DV “tag” which requires additional penalties both before and after conviction.
Domestic violence is any act or threat of violence performed on a person who has ever been in an intimate relationship with the actor, as defined in Colorado Revised Statutes §18-6-800.3. It also includes acts of violence on property, people, and animals as a method to control, punish, intimidate, or coerce the alleged victim.
Intimate relationships are between:
- Spouses
- Ex-partners
- Past or present dating partners
- People who share a child
But intimate relationships do not require physical intimacy, per se, or cohabitation or marital status.
Consequences of a Conviction
The court may try a person for violations of any other criminal acts, as detailed in C.R.S. §18-6-801. If the court finds the actor guilty, and the action also included domestic violence, the court may order the defendant to complete a treatment program and submit to evaluation by the domestic violence offender management board (or “DVOMB”).
Also, the government does not allow the prosecutor to offer plea bargains which do not include the domestic violence tag unless the prosecutor does not have enough evidence to prove it at trial. That means—although in normal circumstances you can plead guilty to a lesser offense to get a better deal and not have to do such a harsh sentence—such a benefit of the bargain is not available for DV offenses.
The court must consider the safety of the victim and any children if the court wishes to grant the defendant probation. A Mandatory Protection Order (or MPO) is required in any DV case. In addition, repeat DV offenses can result in the case being updgraded to a felony case if someone has prior convictions, thereby substantially increasing the penalties.
