What Is Considered Domestic Violence in Colorado?

Domestic violence charges are incredibly serious. They can be career ruiners, relationship enders, and carry many unforeseen side effects (loss of gun rights, restraining orders. What does it mean to be charged with domestic violence in Colorado Springs? Maybe you’re confused about what actually “counts” as domestic violence under Colorado law.

Many people misunderstand Colorado’s domestic violence laws. Domestic violence isn’t a crime by itself. It’s a sentence enhancer added to other crimes when they occur between people in an intimate relationship. Understanding who qualifies as an intimate partner and what conduct triggers DV charges is critical to your defense.

Here’s what you need to know about domestic violence charges in Colorado.

What is Domestic Violence?

This surprises most people. You cannot be charged with “domestic violence” alone. Colorado law defines domestic violence as an act or threatened act of violence against a person with whom the defendant is or has been involved in an intimate relationship.

The key is the relationship, not the conduct. The same act might be simple assault between strangers but assault with a domestic violence sentence enhancer between intimate partners.

Who Qualifies as an Intimate Relationship Under Colorado Law

Colorado law defines intimate relationship very specifically. Not all family members or household members qualify. Here is the pertinent Colorado Stature, CRS 18-6-800.3:

(1) “Domestic violence” means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.

(2) “Intimate relationship” means a relationship 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.

Intimate Relationships Include

• Current or former spouses
• Current or former dating partners
• People who have a child together (even if never married or dated)

The relationship must be or have been romantic or sexual in nature.

NOT Considered Intimate Relationships

• Parent and child
• Siblings
• Roommates without romantic involvement
• Extended family members (cousins, aunts, uncles)
• Housemates who are just friends

The People v. Disher Case: Defining Intimate Relationships

In 2010, the Colorado Supreme Court addressed what constitutes an intimate relationship in People v. Disher, 224 P.3d 254 (Colo. 2010). This landmark case clarified that sexual relationships are not required for domestic violence charges.

The Facts of Disher

James Disher was convicted of harassing a woman he had dated. The victim testified they had “dated exclusively” for a time. However, there was no testimony about a sexual relationship.

The county court refused to order domestic violence treatment because no sexual relationship was proven.

The Supreme Court’s Ruling

The Colorado Supreme Court reversed, holding that “evidence of a sexual relationship is not necessary to establish the existence of an intimate relationship.” The court emphasized that “intimate” is not synonymous with “sexual.” Intimacy is a broader concept that includes but is not limited to sexual intimacy.

What This Means for Your Case

After Disher, prosecutors don’t need to prove you had sex with the alleged victim. Evidence that you dated, even without sexual activity, can establish an intimate relationship. The court looks at factors including:

• Nature or type of relationship
• Length of time the relationship existed
• Frequency of interaction between parties
• Whether the relationship was romantic in nature

Why This Matters for Defense

Disher expanded what qualifies as an intimate relationship. However, it also means defense attorneys can challenge whether brief or ambiguous relationships qualify.

If you went on one or two dates with no romantic connection, your domestic violence attorney can argue no intimate relationship existed under Disher’s factors.

The “Dating Partner” Definition

Dating partner causes the most confusion. Colorado law doesn’t require a long relationship or cohabitation, it refers to an intimate relationship.

What Courts Can Consider

• Nature of the relationship (romantic vs. friendship)
• Frequency of interaction
• Duration of the relationship
• Type of interaction (dates, intimate contact)

Courts look at the totality of circumstances. Even short romantic relationships can qualify. One date might not qualify, but several dates with romantic intent could certainly be charged as DV.

Situations that could be argued were not intimate

• Casual dating (case by case)
• “Friends with benefits” (this one could be tough)
• One-night stands
• Online relationships without in-person meetings

Prosecutors must prove the intimate relationship existed. Your attorney can challenge this element if the relationship was ambiguous.

These relationships above are not necessarily clear-cut intimate relations and leave room to argue that it was not intimate. Speak to your attorney to discuss whether your relationship may not be considered an intimate one for DV purposes.

Common Crimes Charged as Domestic Violence

Domestic violence enhances many different underlying crimes. Here are the most common:

1. Third Degree Assault (Probably the Most Common DV Charge)

Third degree assault is knowingly or recklessly causing bodily injury to another person. This is a Class 1 misdemeanor.

Common Scenarios:

• Pushing or shoving during an argument
• Slapping or hitting
• Grabbing that causes bruising
• Throwing objects that strike the victim

Bodily Injury Means:

Physical pain, illness, or impairment. Visible injuries aren’t required. The victim’s testimony about pain can be enough. As long as the person felt pain, it can be charged as assault.

2. Harassment

Harassment involves striking, shoving, kicking, or otherwise touching someone in a manner to harass, annoy, or alarm them. This is a Class 3 misdemeanor, but becomes Class 1 misdemeanor when domestic violence is involved.

Common Scenarios

• Pushing without causing injury
• Grabbing someone’s arm
• Blocking someone from leaving
• Throwing objects at someone (even if they miss)

Key Difference from Assault

Harassment requires intent to harass, annoy, or alarm. Assault requires causing bodily injury. Harassment is often charged when there’s physical contact but no provable injury.

There are many types of harassment that don’t require physical contact. These can include telephone/computer harassment, or even verbal harassment.

3. Menacing

Menacing is placing someone in fear of imminent serious bodily injury through threats, actions, or weapons. This is a Class 3 misdemeanor, or Class 5 felony if a weapon is involved.

Common Scenarios

• Threatening to hit or hurt someone
• Raising a fist in a threatening manner
• Displaying a weapon during an argument
• Threatening with an object (bat, knife, etc.)

What “Imminent” Means

The threat must be immediate, not future. “I’m going to hurt you right now” can be menacing. “I’ll get you someday” probably isn’t.

Further reading: Understand the Differences Between Assault, Harassment, and Menacing in Colorado.

4. Criminal Mischief

Criminal mischief is damaging someone else’s property. When done to intimidate/retaliate/coerce/control an intimate partner, it becomes a domestic violence offense.

Common Scenarios

• Breaking a phone during an argument
• Damaging a car
• Punching holes in walls
• Breaking dishes or furniture

Why This Is Domestic Violence:

The conduct must be intended to intimidate, coerce, or control the intimate partner. Simply breaking things in anger may not qualify.

5. Violation of a Protection Order

If a protection order exists and you contact the protected person, you can be charged with violation. This is a Class 2 misdemeanor for first offense, Class 1 misdemeanor for subsequent violations.

Common Scenarios

• Texting or calling the protected person
• Going to their home or workplace
• Contacting through third parties
• Social media contact

This charge doesn’t require proof of an intimate relationship because the protection order already establishes it.

Other Charges Sometimes Enhanced by DV

• False imprisonment (preventing someone from leaving)
• Stalking (repeated unwanted contact)
• Sexual assault between intimate partners
• Child abuse (when perpetrator is intimate partner of parent)
• Trespassing (entering home of former intimate partner)

What Makes Something “Domestic Violence”

For any crime to be enhanced as domestic violence, prosecutors must prove:

1. An underlying crime occurred
2. The victim was an intimate partner
3. The act was intended to intimidate, coerce, control, punish, or revenge

The Third Element Is Critical: Not every crime between intimate partners is domestic violence. If you accidentally injure your spouse in a car accident, that’s not domestic violence. The conduct must be intentional and meant to control or punish.

Consequences of Domestic Violence Conviction in Colorado

Domestic violence convictions carry severe consequences beyond the underlying crime:

1. Mandatory Domestic Violence Treatment

2. Protective Orders

3. Loss of Gun Rights

• Federal law prohibits gun possession after DV conviction
• Must surrender all firearms
• Cannot possess guns even for work
• Lifetime ban in most cases

4. Immigration Consequences

• Deportation for non-citizens
• Denial of citizenship applications
• Inadmissibility for visa applications

5. Custody and Visitation Issues

• DV convictions heavily impact custody decisions
• May require supervised visitation only
• Can lose parental rights in extreme cases

6. Employment Impact

• Professional licenses may be revoked
• Many employers fire after DV convictions
• Background checks reveal DV convictions
• Security clearances often revoked

7. Housing Consequences

• Difficulty renting apartments
• Possible eviction from current housing
• Public housing denials

Why Relationship Status Matters for Your Defense

Challenging whether an intimate relationship existed is a valid defense strategy.

If You Were Just Roommates: No intimate relationship means no domestic violence enhancer. The charge becomes simple assault or harassment with lesser penalties and no DV consequences. Still a serious crime, but it won’t have the DV enhancer.

If You Were Acquaintances: Even if you knew each other well, friendship alone doesn’t create an intimate relationship.

If the Relationship Was Ambiguous: Your attorney can argue insufficient evidence of an intimate relationship. Prosecutors must prove it beyond a reasonable doubt.

Why This Defense Matters: Removing the DV enhancer means:

• No mandatory DV treatment
• Keep your gun rights (for misdemeanors)
• Less mandatory penalties overall
• Possible plea to non-DV offense

Common Defenses to Domestic Violence Charges

• Self-Defense You were protecting yourself from the alleged victim’s aggression. Colorado allows reasonable force in self-defense.
• Defense of Others You were protecting your children or others in the home from the alleged victim.
• False Accusations The alleged victim fabricated or exaggerated claims, often during custody disputes or breakups.
• Lack of Intent The contact was accidental, not intended to harm or intimidate.
• No Intimate Relationship You were roommates, friends, or family members, not intimate partners.
• Insufficient Evidence No visible injuries, no witnesses, conflicting statements.

What Happens if Someone is Arrested for Domestic violence

• Mandatory Arrest Policy Colorado has mandatory arrest laws. If police respond to a DV call and find probable cause, they must arrest someone. They cannot simply separate you and leave.
• Mandatory Protection Order The court issues a mandatory protection order at your first appearance. This prohibits contact with the alleged victim even if they want contact.
• No Contact Means No Contact You cannot call, text, email, or contact the victim through others. You cannot go to shared residences. Violations result in new charges.
• Child Custody Issues If you share children, the protection order affects your parenting time. You may get supervised visitation only until the case resolves.

Why You Need an Attorney for DV Charges

Domestic violence charges are different from other criminal cases:

• Mandatory minimum penalties
• Lengthy treatment requirements
• Permanent loss of gun rights
• Automatic protective orders
• Severe collateral consequences
• Immigration issues

An Experienced Attorney Can

• Challenge whether an intimate relationship existed
• Present self-defense or defense of others claims
• Negotiate for non-DV plea agreements
• Fight for dismissal based on insufficient evidence
• Protect your parenting time and custody rights

Early Attorney Involvement Matters: Domestic violence cases move quickly. Protection orders are issued immediately. Treatment requirements begin early.

Frequently Asked Questions

1. Is it domestic violence if we’re just dating?

Yes, dating partners can be considered intimate relationships under Colorado law. The relationship doesn’t need to be long-term or exclusive.

2. Is fighting with my adult child considered domestic violence?

No. Parent-child relationships are not intimate relationships under Colorado DV law. Charges would be assault or harassment without the DV enhancer.

3. Is it domestic violence if we never lived together?

It can be. Cohabitation is not required. Current or former dating partners can qualify regardless of living arrangements.

4. What if my roommate and I got into a fight?

If you’re just roommates without a romantic relationship, it’s not domestic violence. The charges would be simple assault or harassment.

5.Can domestic violence charges be dropped if the victim wants them dropped?

The victim cannot drop charges. Only the prosecutor can dismiss charges. Many DV cases proceed even when victims don’t want to prosecute.

6. Will I lose my gun rights for a domestic violence conviction?

Yes. Federal law prohibits gun possession after many domestic violence convictions. This is a lifetime ban in most cases.

7. What if we were only together one time?

One date or encounter may not establish an intimate relationship. Courts look at the totality of circumstances. Your attorney can challenge whether the relationship qualifies. Every case is different, and an experienced Colorado criminal defense lawyer can help you navigate this issue.

Get Legal Help for Domestic Violence Charges in Colorado Springs

Domestic violence charges carry consequences that last years beyond your sentence. Loss of gun rights, mandatory treatment, protective orders, and employment impacts make these cases serious even for first-time offenders.

Understanding what qualifies as an intimate relationship and what conduct triggers DV charges is the first step in your defense. Challenging these elements can result in reduced charges without DV consequences.

McDowell Firm handles domestic violence cases in Colorado Springs Municipal Court and El Paso County Court. Attorney Joshua McDowell is a former prosecutor who understands how DV cases are prosecuted and how to defend them effectively.

We offer free consultations to discuss your charges, explain your options, and develop a defense strategy. Don’t face domestic violence charges without experienced legal representation.

Contact McDowell Firm today to protect your rights and your future.

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