Understanding Domestic Violence as a Sentence Enhancer, Not a Standalone Crime, in Colorado
In Colorado, domestic violence is not a separate crime but a sentence enhancer under C.R.S. § 18-6-800.3 applied to other offenses. Under state law, this label increases penalties and mandates individualized treatment.
When facing legal trouble in Colorado, many people are surprised to learn that "domestic violence" is not actually a standalone charge on the books. Whether you live in Denver, Colorado Springs, or Boulder, understanding how the state prosecutes these cases is critical to protecting your future. This guide will walk you through what the domestic violence label means, how it impacts other criminal charges, and what you can expect during the legal process.
Step-by-Step Process in Colorado
The state treats domestic violence as an "enhancer." This means that an underlying crime, such as assault, harassment, or even criminal mischief, gets an additional label attached to it. When the court applies this label, it triggers specific mandatory penalties. Let us break down how this works in your local County Court or District Court.
Step 1: Identifying the Underlying Crime
Before the domestic violence enhancement can be applied, law enforcement must accuse a person of committing a crime against someone else. This could be anything from physical assault to destroying property (like breaking a cell phone). If the police in Aurora or Fort Collins believe a crime occurred, they write up the primary charge first.
Step 2: The Definition of an Intimate Relationship
Under C.R.S. § 18-6-800.3, the domestic violence enhancer is only added if the two people involved are, or have been, in an "intimate relationship." Colorado law defines this broadly. It includes current or former spouses, unmarried couples who live together, and parents of the same child. It does not necessarily require a sexual relationship. If the court determines an intimate relationship existed, the enhancement sticks.
Step 3: Imposing Mandatory Protection Orders
Once arrested, Colorado law requires the judge to issue a mandatory protection order (MPO) under C.R.S. § 18-1-1001 at your first court appearance. This happens in almost every courthouse, from the Denver County Court, Denver to the El Paso County Court, Colorado Springs. This order generally prevents you from returning home, contacting the alleged victim, possessing firearms, or seeing your children until the case is resolved or the judge modifies the order.
Step 4: Why Victims Cannot Simply Drop the Charges
A common misconception is that the person who called the police can simply take it back. In Colorado, once the police make an arrest, the state takes over. The alleged victim becomes a witness. Only the prosecutor at the Denver District Attorney's Office, Denver (or your local DA's office) has the authority to dismiss the case. The DA will often proceed under Colorado's "no-drop" policy even if the complaining witness submits an affidavit of non-prosecution asking for the charges to be dropped or files Form JDF 397, Colorado, Judicial Branch, Motion to Modify or Dismiss a Protection Order.
The Role of the District Attorney in Pursuing the DV Enhancement
Under Colorado law, District Attorneys operate under specialized domestic violence prosecution protocols. When police present a case with an intimate relationship factual basis, the prosecutor-not the judge or the victim-holds exclusive discretion under C.R.S. § 18-6-801 to charge and pursue the domestic violence enhancer. Even when an alleged victim recants or refuses to cooperate, the District Attorney will utilize "evidence-based prosecution," relying on 911 audio recordings, officer body-worn camera footage, medical records, and third-party witness testimony to prove the underlying offense and sustain the enhancement.
Step 5: Completing Domestic Violence Treatment
If convicted of any crime carrying a domestic violence enhancer, Colorado law mandates that you undergo an evaluation and complete a certified treatment program under C.R.S. § 18-6-801 and C.R.S. § 16-11.8-103. Administered under the standards of the Domestic Violence Offender Management Board (DVOMB), treatment is not a one-size-fits-all duration. Instead, it utilizes the Colorado Domestic Violence Risk and Needs Assessment (DVRNA) to assign offenders to differentiated risk tiers: Level A (low risk, typically 14 to 24 weeks), Level B (moderate risk, approximately 36 weeks), or Level C (high risk, 36 to 52+ weeks). Completion is competency-based, meaning discharge requires demonstrating specific behavioral competencies rather than merely attending a set number of classes.
How the DV Label Increases Penalties
The domestic violence enhancer transforms standard penalties into much stricter sentences. The court focuses heavily on rehabilitation and monitoring.
| Penalty Type | Standard Misdemeanor | DV Enhanced Misdemeanor |
|---|---|---|
| Probation Terms | Standard check-ins | Intensive supervised probation |
| Treatment | Discretionary anger management | Mandatory DVOMB competency-based treatment (Levels A, B, or C: 14 to 52+ weeks) |
| Firearm Rights | Usually retained | Relinquishment required during case; permanent loss under 18 U.S.C. § 922(g)(9) only if offense involved physical force or deadly weapons |
| Habitual Offender | Normal progression | 4th DV conviction becomes a Felony |
How Much Does it Cost in Colorado?
Facing a domestic violence enhanced charge can be financially draining. While specific costs vary depending on the county and the complexity of your case, here are the general expenses you might encounter:
- Court Filing and Probation Fees: Typically range from $200 to $1,500 over the course of probation.
- Mandatory DV Evaluation and Classes: Evaluations cost around $200, and weekly classes can cost $30 to $50 each (totaling $1,000 to $2,000+).
- Lawyer Fees: Hiring an experienced criminal defense lawyer in Colorado generally costs between $2,500 and $7,500 for a misdemeanor case, depending on if it goes to trial. You can find skilled lawyers in our US Lawyers directory to help you navigate this process.
- Ancillary Costs: You may also need to pay for a GPS monitor (around $10 to $15 per day) or alternative housing if a protection order prevents you from going home.
How Long Does the Process Take?
The timeline for a domestic violence case in Colorado can be extensive. From the initial arrest to the resolution of the court case, it typically takes anywhere from 3 to 6 months. If placed on probation, required domestic violence treatment is competency-based: Level A offenders may complete treatment in 14 to 24 weeks, while Level B and Level C programs typically require 9 to 12 months or longer depending on DVRNA progress and multidisciplinary review.
Frequently Asked Questions (FAQ)
What exactly is a sentence enhancer?
A sentence enhancer is an additional label attached to a primary criminal charge. It does not create a new crime but adds specific, mandatory penalties-like mandatory treatment and protection orders-if you are convicted of the base offense.
Can I be charged with domestic violence if we never lived together?
Yes. Under Colorado law, an intimate relationship does not require living together or being married. Dating relationships, even relatively brief ones, can qualify under the statute depending on the specific facts evaluated by the court.
Will the prosecutor dismiss the case if my partner refuses to testify?
Not necessarily. The District Attorney can often proceed using other evidence, such as 911 call recordings, body camera footage from responding officers, and witness statements. A partner's refusal to testify complicates their case, but it does not guarantee a dismissal.
Is it possible to remove a domestic violence conviction from my record in Colorado?
Generally, convictions that involve a domestic violence enhancer cannot be sealed or expunged in Colorado. This makes avoiding a conviction critical, which is why consulting with a local lawyer is highly recommended.
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