In the news, I came across an article which said a man was arrested after allegedly pelting his girlfriend with hard-boiled Easter eggs. According to the article, he has been charged with Domestic Violence Assault. After the police were called, he fought with the officers, so we assume he is also facing charges of Assault on a Police Officer or Obstruction of Justice. It is important to understand the term: “Domestic violence” (DV) n Greeley, Evans, and Erie. The only reason the sentence-enhancer of DV was added to the Assault charge is because of the man’s relationship with the person he allegedly attacked. Let’s look at domestic violence a little closer, and see how it relates to other crimes in Weld, Morgan, and Logan County:
What is Domestic Violence? The Threat of Violence
Most people don’t know that in order for Domestic Violence – C.R.S. 18-6-800.3 to be charged, actual violence doesn’t even have to occur. According to the Colorado statute, DV is “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” As you can see, in order to be charged with DV, a threat of violence is all that is needed. In other words, a revengeful ex could make accusations you “threatened violence” and you could be charged.
A 2010 Colorado Supreme Court ruling made the definition of “intimate relationship” extremely vague.
A Previous or Current Intimate Relationship
Also needed for a DV arrest, is a connection between the defendant and the alleged victim. In the statute, this is defined as an “intimate relationship” past or present. Common sense tells us this would be a sexual relationship – and the statute confirms by saying it includes spouses, former spouses, couples, etc. Unfortunately, the Colorado Supreme Court determined in 2010 that evidence of a sexual relationship in not necessary. In other words, someone you once kissed or held hands with in high school could represent an “intimate relationship” under the DV statute. Once a case has been filed under classification, prosecutors in Weld County send it to a special “DV” court, regardless of whether a finding of domestic violence even makes sense.
Easter Egg Assault – Domestic Violence Attached to the Crime
If the Easter egg assault had taken place in Colorado, the man would most likely have been charged with Domestic Violence Third Degree Assault. 3rd Degree Assault – C.R.S. 18-3-203, is charged whenever a person knowingly causes physical injury (the woman in the report suffered from a “red and swollen eye”). Because the he pelted (assaulted) his girlfriend, the sentence-enhancer of Domestic Violence has been added.
Why You Need a Lawyer for Domestic Violence Crimes
In Colorado, the Easter egg throwing man would be required to go through treatment overseen by the Domestic Violence Offender Management Board (DVOMB). He would also have a restraining order against him, which greatly restricts a person’s ability to live a normal life (if a restraining order is made permanent, it restricts a person’s right to own a firearm, among other difficulties in maintaining a normal life). If you have been charged with a Domestic Violence crime, don’t hesitate to contact an attorney who understands the intricacies of the DV label, and we can help you fight the charges against you.
If you or a loved one has been accused of a Domestic Violence related crime, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-616-6009, or submit the “Get Help Now” form. Together, we can protect your future.
Image Credit: Pixabay – Alexas_Fotos