Understanding Domestic Violence Charges in Colorado
What You Need to Know
Facing a domestic violence allegation in Colorado can feel like your entire world is unraveling.
An arrest, being forced to leave your home, and losing contact with your family can happen before you ever share your side of the story. If you are in this situation, you are not alone. Learning how Colorado handles these cases is the first step toward protecting your future.
As a former Deputy District Attorney who spent years prosecuting domestic violence cases in Adams County, I now use that insider knowledge to defend people just like you. I understand how these cases are built, how they move through the system, and—most importantly—where the defense opportunities exist.
If you have been accused of domestic violence in the Denver metro area, call Beck Law Office at (720) 209-1469 for a free, confidential consultation.
What Is Domestic Violence Under Colorado Law?
Here is something most people do not realize: domestic violence is not a standalone criminal charge in Colorado. It is a sentence enhancer—a legal designation that gets attached to other criminal charges based on the relationship between the accused and the alleged victim.
Under Colorado Revised Statutes § 18-6-800.3, domestic violence is defined as an act or threatened act of violence upon a person with whom the accused has had an intimate relationship. It also covers any crime against a person, property, or animal when used as a method of coercion, control, punishment, intimidation, or revenge against an intimate partner.
This means a wide range of underlying charges can carry a domestic violence designation, including:
- Assault (first, second, or third degree)
- Harassment
- Criminal mischief (property damage)
- Stalking
- Menacing
- False imprisonment
- Disorderly conduct
- Trespass
What counts as an “intimate relationship”? Colorado’s definition is intentionally broad. It includes current or former spouses, current or former dating partners, and people who share a child—regardless of whether they have ever lived together or been married.
Consequences of a Domestic Violence Conviction
The penalties attached to a domestic violence conviction extend well beyond the sentence for the underlying criminal charge. Understanding the full scope of consequences can help you appreciate why experienced legal representation matters.
Mandatory Domestic Violence Treatment
If convicted of any offense with a domestic violence designation, Colorado law requires completion of a court-ordered domestic violence treatment program. These programs are lengthy, expensive, and highly structured. Missing sessions or failing to comply can result in additional legal consequences.
Firearm Restrictions
A domestic violence conviction triggers a prohibition on owning or possessing firearms under both Colorado and federal law. For many people, this affects their livelihood, their recreational activities, and their sense of personal safety.
Habitual Offender Enhancement
Colorado law provides that upon a fourth domestic violence conviction, the offense can be charged as a felony—regardless of the severity of the underlying charge. This “habitual domestic violence offender” designation carries significant prison time.
Your Record Cannot Be Sealed
Unlike many other criminal convictions in Colorado, domestic violence convictions cannot be sealed or expunged unless the case is dismissed entirely. This means a conviction will appear on background checks for employment, housing, and professional licensing indefinitely.
Impact on Your Personal Life
Beyond the legal penalties, a domestic violence case can affect custody and parenting time arrangements, professional licensing, immigration status, and employment opportunities. The collateral consequences are often just as significant as the criminal penalties.
How I Use My Prosecution Background to Defend Domestic Violence Cases
The penalties attached to a domestic violence conviction extend well beyond the sentence for the underlying criminal charge. Understanding the full scope of consequences can help you appreciate why experienced legal representation matters.
I spent 5 years as a Deputy District Attorney in Adams County, where I gained firsthand experience with how prosecutors evaluate, charge, and try domestic violence cases. That perspective now works in your favor.
When I review your case, I understand what evidence the prosecution needs to prove each element of the charge and the domestic violence designation. I know how to identify weaknesses in the state’s case, challenge the credibility of evidence, and negotiate from a position of knowledge that most defense attorneys simply do not have.
Domestic violence cases often involve complex interpersonal dynamics, conflicting accounts of events, and emotionally charged testimony. A thorough defense requires careful investigation, strategic thinking, and the willingness to take a case to trial when the prosecution will not offer a fair resolution.
At Beck Law Office, you work directly with me—not a junior associate or paralegal. Your case receives personal attention from an attorney with 24+ years of Colorado courtroom experience.
Frequently Asked Questions About Domestic Violence Charges in Colorado
Can domestic violence charges be dropped if the alleged victim does not want to press charges?
No. In Colorado, the decision to prosecute rests with the district attorney, not the alleged victim. Even if the other person recants or asks for charges to be dropped, the state can and often does proceed with prosecution.
What happens if I violate a protection order?
Violating a protection order is a separate Class 1 misdemeanor in Colorado, carrying up to 364 days in jail and fines up to $1,000. You can be convicted of violating the protection order even if the underlying domestic violence charge is eventually dismissed. This applies even if the protected person initiated the contact.
Is domestic violence a felony or a misdemeanor in Colorado?
It depends on the underlying charge. Because domestic violence is a sentence enhancer rather than a standalone charge, the classification follows the base offense. A domestic violence assault could be a misdemeanor or a felony depending on the degree. However, a fourth domestic violence offense can be charged as a felony under Colorado’s habitual offender provisions.
Can a domestic violence conviction be sealed from my record?
No. Domestic violence convictions are specifically excluded from Colorado’s record-sealing statutes. The only way to have a domestic violence case sealed is if the charges are dismissed entirely.
Will I lose my right to own a firearm?
Yes. A domestic violence conviction results in the loss of firearm rights under both Colorado and federal law. This prohibition is typically permanent and applies even to misdemeanor-level domestic violence offenses.
How long does a domestic violence case take in Colorado?
Domestic violence cases are fast-tracked through the Colorado court system, meaning they typically move more quickly than other criminal cases. However, the timeline varies depending on the complexity of the case, the underlying charges, and whether the case goes to trial. I can give you a more specific timeline based on the details of your situation during a free consultation.
What is the difference between a civil protection order and a criminal protection order?
A civil protection order is initiated by the alleged victim on their own through civil court. A criminal protection order is issued by the court automatically when someone is arrested for a domestic violence offense. Both carry serious legal consequences if violated, but they arise through different legal processes.
Get Experienced Domestic Violence Defense in Denver
A domestic violence accusation does not define who you are, and it does not have to define your future. But the decisions you make right now—starting with who represents you—will shape everything that follows.
At Beck Law Office, we offer free initial consultations, flat-fee pricing for criminal defense cases so you know your costs upfront, and the availability to take your call when you need us most.
Call (720) 209-1469 today for a free, confidential consultation. We serve clients throughout Adams County, Denver County, Arapahoe County, Jefferson County, Boulder County, Weld County, and the entire Front Range.
This blog post is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed until a signed retainer agreement is executed. Prior results do not guarantee a similar outcome. Each case is unique, and outcomes vary based on specific facts and circumstances.