Colorado Spousal Abuse Defense Lawyer
A conviction for domestic violence carries some severe penalties. Not only is there possible jail time, but also the loss of the right to possess a firearm (no hunting) and some employers will not hire a person with a crime of violence conviction. If you are in the process of a divorce, a conviction for domestic violence can seriously effect the outcome. A person may also lose custody or visitation rights with their children. An order of protection is usually issued which requires there be no contact between you and the "victim" of the domestic violence. Violation of the protection order carries its own criminal penalties.
If you have been charged with Domestic Violence and/or violating an Order of Protection it is very important you have an attorney capable of protecting YOUR rights and interests. David Owen has the experience and skills to ensure YOUR rights are protected.
Domestic Violence Defined
C.R.S. 18-6-800.3
"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. It 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.
"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.
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Domestic Violence Penalties
C.R.S. 18-6-801
In addition to any penalty imposed for a conviction of a criminal offense (such as Assault) if the court finds on the record the underlying factual basis includes an act of domestic violence or a crime against property (such as Robbery, Burglary, Theft) which crime is used as a method of coercion, control, punishment, intimidation, or revenge against a person with whom he/she has been involved in an intimate relationship shall be ordered to complete a domestic violence treatment program.
Anyone who has been convicted of a crime the court has found, on the record, to include an act of domestic violence AND has been convicted three (3) times before for acts which have been found to be domestic violence, the prosecutor may ask the court to declare the person an habitual offender and will be convicted of a Class 5 felony. Possible sentence: 1 -3 years in prison followed by a mandatory parole term of 2 years following release. (This is in addition to the penalty imposed for the underlying crime of conviction).
Violation of Orders of Protection
C.R.S. 18-6-803.5(2)
Class 2 misdemeanor.
Possible sentence: 3 months - 12 months in jail, $250 - $1000 fine, or both.
Class 1 misdemeanor - if a person has a previous conviction for violation of a protection order.
Possible sentence: 6 months - 18 months, $500 - $5000 fine, or both.
NOTE: A second or subsequent violation of a protection order is classified as an extraordinary risk crime and subjects the person to enhanced penalties of an additional 6 months on the maximum sentence possible. C.R.S. 18-1.3-501(3)(a)
Law Office of David L. Owen, Jr, P.C.
8854 S. Miners Street
Highlands Ranch, CO, 80126
Telephone: 720-863-4292
Toll-Free: 866-768-0506