Domestic Violence (DV) is not technically a crime that could be committed in the Weld County cities of Greeley, Milliken, and Erie, but rather a sentence enhancer that could be added to the crime of Harassment (CRS 18-9-111), Third Degree Assault (CRS 18-3-204), or Disorderly Conduct (CRS 18-9-106). This important sentence enhancer occurs when two people in an “intimate relationship” have an altercation or disagreement that may get out of hand. Many times, things could happen between a boyfriend and girlfriend who live together that would be prosecuted as Domestic Violence. But a ruling by the Colorado Supreme Court makes the DV sentence enhancer applicable to a broader range of situations.
The definition of Domestic Violence (DV) in CRS 18-6-800.3 (1) reads in part as: “any act of violence, harassment, intimidation; and any other act involving coercion, control, punishment, intimidation or revenge against a person who has been in an “intimate relationship” with the accused person.”
The defining factor in this serious sentencing enhancer lies in the clause of “intimate relationship.” The law defines an intimate relationship as one 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” according to CRS 18-6-800.3(2).
Most people are under the impression that an intimate relationship should be interpreted as a sexual relationship between two people. Because of this definition, Domestic Violence has been charged between anyone who had any type of sexual relationship in the past. If this isn’t broad enough, the Colorado Supreme Court further expanded this definition by claiming that an “intimate” relationship did not have to be sexual in nature.
This gives Weld County District Attorneys too much power when charging people with crimes against another person. If these people had any type of history together including deep friendship or a roommate relationship, they could possibly be charged with Domestic Violence under this court opinion.
If police arrest you in connection with a violent crime against another person and add the serious sentence enhancer of Domestic Violence, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys at the O’Malley Law Office at 970-616-6009. Together, we can protect your future.