Colorado Domestic Violence Law: A Comprehensive Guide by Defense Lawyers

In Colorado, domestic violence (DV) is “an act or threatened act of violence” between people in an intimate relationship. This includes current or former spouses, significant others, or co-parents.

Domestic violence is not treated as an independent crime. Instead, it attaches to the underlying charge, typically assault or harassment, and triggers a mandatory protection order (MPO) with “no contact” and “stay away” provisions.

Colorado is a mandatory arrest state, so police must arrest domestic violence suspects if there is probable cause. It does not matter if the alleged victim recants or does not want to press charges.

Then if the case ends in a conviction, the judge will order a domestic violence evaluation and a treatment program. This is in addition to any fines and incarceration that the judge imposes for the underlying offense.

Here at Colorado Legal Defense Group, we have represented literally thousands of people accused of domestic violence. These cases usually start with the alleged victim or a concerned neighbor calling 911 during a fight; then the police arrive at the scene and make an arrest without getting the whole story.

In our experience, the accusers are often the initial aggressors and falsely accuse our clients (typically in attempt to gain an upper hand in a divorce or child custody proceeding). Fortunately, we can usually find evidence of our clients’ innocence through eyewitnesses, surveillance video, or the accusers’ own words and recorded communications.

In this article our Denver criminal defense attorneys discuss everything you need to know about Colorado domestic violence charges. If you’re wondering “will I go to jail,” “do I need a lawyer,” or “what are my rights,” this comprehensive guide addresses these critical considerations.

• 1. Common DV Charges
• 2. Mandatory Arrest State
• 3. Protection Orders
• 4. Fast-Tracking
• 5. Penalties
• 6. Intimate Relationships
• 7. When Victims Recant
• 8. Gun Rights
• 9. Immigration Consequences
• 10. Record Seals
• 11. Defenses
• 12. DV Lawsuits
• 13. Resources for DV Victims
• Frequently Asked Questions
• Further Reading

1. Common DV Charges

Most domestic violence cases in Colorado involve couples or ex-couples having a physical altercation. Ten crimes we see that are commonly charged with the DV enhancement are the following:

1. Assault – unlawful and unwanted physical touching (such as strangling, pushing, punching, shoving, kicking, or throwing objects at).
2. Stalking – credible threats and repeated behaviors that cause emotional distress.
3. Harassment – repeatedly annoying someone in person or online (“cyber-bullying”).
4. Child abuse – any type of harm to a child under 18.
5. Sexual contact – unwanted groping.
6. Menacing – using threats (“psychological abuse”) to create fear of injury or death.
7. False imprisonment – unlawful and non-consensual detention.
8. Elder abuse – any type of harm to people 70 or over.
9. Sexual assault – non-consensual penetrative sex (such as physically forcing sex, non-consensual rough sex, or sex while the victim is unconscious, drunk, or asleep).
10. Obstruction of telephone service – examples include grabbing a cell phone out of a partner’s hand, throwing their phone, or hanging it up while they are threatening to call 911.

However, a domestic violence case enhancement can apply to any Colorado criminal charge or municipal ordinance violation. Examples of other DV-related cases we handle include:

• Crimes against pets like animal cruelty;
• Financial crimes like check fraud or credit card fraud (“economic abuse”); or
• Crimes against property like trespass or vandalism.

Example: Jeff bashes in the windows of the car that he jointly owns with his ex-boyfriend Rex. Jeff could then face charges for criminal mischief for damaging the car because that counts as abusive behavior in Colorado.

Since Rex and Jeff used to date, the prosecutor would also bring a domestic violence crime enhancement against Jeff for being an abusive partner. It does not matter that they are no longer together or that their abusive relationship did not involve bodily violence. It also does not matter that Jeff jointly owns the car he damaged.¹

2. Mandatory Arrest State

When Colorado police receive a domestic violence report, they must automatically arrest you if they have probable cause to believe you committed a crime for the purpose of either:

1. revenge,
2. control,
3. coercion,
4. intimidation, or
5. punishment.

Since these concepts are so vague, we find that police make an arrest in every DV case reported to them. Unsurprisingly, many of these cases end up being based on false accusations, an innocent accident, or a true DV situation where our client was the victim.²

In any case, we always advise people never to speak to the police. They will twist anything you say against you, no matter how innocent. If you are being investigated or arrested, exercise your Fifth Amendment rights against self-incrimination and immediately hire a criminal defense attorney.

3. Protection Orders

A domestic violence-related charge in Colorado triggers a temporary mandatory protection order (MPO). The MPO requires you (the “adverse party”) to surrender any firearms and to avoid any contact with the alleged victim (the “protected party”), even if they reach out to you first and want to get back together.

The judge may also specify that you must stay a certain number of feet away from the protected party, their home, and their place of business. Judges typically also will order you to abstain from any alcohol or drug use.

DV mandatory protection orders can last all the way from your arrest up through the end of your sentence (if you are convicted). These temporary orders can become permanent depending on the case’s outcome.

Violation Consequences

Violating a protective order in a Colorado criminal case is its own separate crime. It is a class 1 misdemeanor with a first-time offense carrying:

• up to 364 days in jail and/or
• a fine of up to $1,000.³

Furthermore, violating a protection order will almost surely cause your bail to be revoked in your underlying DV case. This may prompt the judge to remand you to jail for the duration of your prosecution.

This is why we always tell our clients to abide by the current terms of any outstanding protection order, no matter how unfair it is. In the meantime, we can ask the judge to modify the terms to make them more practical, especially when a shared home and children are involved.

In the meantime, we would request that the local city or county police station grant you a “civil standby” (a.k.a. “civil assist”), during which a police officer accompanies you into your home for 15 to 30 minutes while you retrieve essential personal items. You will not be allowed to take property that the accuser disputes is yours.

Note that the “protected party” in a restraining order can ask the judge to modify or lift the order as well. However, judges will not comply if they suspect the “protected party” would be in danger or is being pressured.

4. Fast Tracking

Domestic violence cases in Colorado are fast-tracked. This means that:

1. the police fill out an incident report the same day as the arrest, and
2. you enter an initial plea during the first court hearing.

This way, your initial appearance occurs shortly after arrest, and the entire case may resolve in a matter of weeks depending on whether you negotiate a plea bargain or proceed to trial.

In non-DV cases, several weeks often elapse between the arrest and the arraignment. The purpose of fast-tracking DV cases is to protect victims and to get defendants into counseling as soon as possible.

Although as attorneys we appreciate the efficiency of fast-tracking, there is one major drawback. If you are arrested on a DV-related charge, you cannot immediately bail out. Instead, you have to sit in jail for several hours until your first advisement hearing so you can be present while the judge issues the mandatory protection order against you.⁴

5. Penalties

Since domestic violence in Colorado is not a separate crime, the fines and incarceration for committing DV depend on the specific underlying conviction (which is usually for assault). Though in most misdemeanor cases, you may be eligible for probation in lieu of jail.

In addition, the judge will order that you be evaluated and complete a domestic violence treatment program at your own expense. This specialized, multi-month-long program typically involves weekly sessions focused on anger management classes and behavioral modification.

Depending on your situation, the judge may also extend your restraining order to last after the criminal case closes.

Note that a fourth conviction involving domestic violence labels you as a “habitual domestic violence offender.” This is a class 5 felony, carrying:

• 1 to 3 years in Colorado State Prison (with mandatory 2-year parole) and/or
• a fine of $1,000 to $100,000.

This sentence is in addition to the one for the underlying crime.⁵

Non-Criminal Penalties

A Colorado domestic violence conviction can have significant consequences beyond the penalties for the crime itself. The background check impact is serious. It can affect your:

• job opportunities,
• professional license,
• child custody/parental rights,
• ability to get housing and loans, and/or
• military status (if applicable).

Furthermore, a new law explicitly recognizes coercive control, economic abuse, and technological abuse as forms of domestic violence in family and custody proceedings, creating a presumption against awarding custody to the abusive parent.⁶

This is another reason we take DV cases so seriously. A conviction has ripple effects on every aspect of your life long after the case is closed. If we can get the charge lessened or dropped, it will be much easier to leave it in the past.

6. Intimate Relationships

Colorado domestic violence cases only involve people in an intimate relationship. When determining whether a relationship qualifies as intimate, courts look to three factors:

1. The length of time the relationship existed; and
2. The nature or type of the relationship; and
3. The frequency of interaction between the parties.⁷

In practice, an intimate relationship is based on a romantic attachment or shared parental status, such as:

• a wife or husband, or an ex-wife or ex-husband; or
• a girlfriend or boyfriend, or an ex-girlfriend or ex-boyfriend; or
• a co-parent (“baby daddy” or “baby mama”), including of adopted children.

Roommates, friends, or co-workers do not count as intimate relationships unless they fall under one of the above categories.

Note it is not necessary that the two people live together. A sexual relationship may be an indicator of an intimate relationship, but it is not required.

One thing we can say from experience is that all types of couples and ex-couples find themselves in DV situations, no matter their background or socioeconomic class. Most of these blowups stem from arguments over children, cheating, or how to spend money – issues that affect everybody.

7. When Victims Recant

Colorado law enforcement officers are suspicious of victims who take back their domestic violence allegations. Police assume they have ulterior motives, such as:

• family is pressuring them to recant their story, or
• they want you out of jail so you can earn money and support the family.

Moreover, prosecutors may have independent evidence that DV occurred. For example, the alleged incident may have been captured on video, or there may be credible eyewitnesses willing to testify.

A Colorado judge will dismiss a DV case only if the prosecutor claims under oath that insufficient evidence exists to prove guilt beyond a reasonable doubt. So if the victim insists on recanting – and the only evidence of DV is the victim’s initial accusation – it is likely that prosecutors will choose to drop the charges before trial.⁸

We find recanting accusers are extremely common following DV allegations. Many people call the police just to scare their (ex)significant other, without realizing that Colorado is a mandatory arrest state.

Consequences for Recanting

Recanting DV accusers face being charged with false reporting a crime if they do recant and admit they made everything up. Additionally, if accusers ignore their subpoena and do not show up to trial (if there is one), they risk being found in contempt of court.

That being said, in our experience, accusers are rarely punished for recanting. If they emphasize that it was an emotionally charged situation and they were not thinking straight, prosecutors may have difficulty proving that they knowingly lied.

8. Gun Rights

You may not possess firearms while there is a protection order against you in a Colorado domestic violence case. Therefore you must surrender your guns and ammo to:

• law enforcement,
• a dealer, or
• a private party.

Then if your case is dismissed and the restraining order is lifted, your guns may be returned to you.

If you are convicted of a felony or a violent misdemeanor, you will lose your gun rights permanently. However, if you are convicted of a non-violent misdemeanor, you may be able to keep your gun rights.⁹

9. Immigration Consequences

Domestic violence is usually deportable.¹⁰ Therefore, when we have non-citizen clients facing a DV enhancement in a criminal case, we fight to get the charge either:

• reduced to a non-deportable offense or
• dismissed.

In these “crimmigration” cases, our goal is not only to obtain the best possible resolution in the criminal case but also to safeguard our clients’ resident status in the U.S.

10. Record Seals

Domestic violence convictions are not sealable from your criminal record in Colorado unless it is a municipal court case. Municipal court DV-related convictions can typically be sealed three years after the case ends.

Note that any DV-related charge that gets dismissed is sealable immediately no matter what court it was in.¹¹

The record seal process involves the following five steps:

1. Purchase a copy of your criminal history records from the Colorado Bureau of Investigation (CBI).
2. Complete the petition to seal (you can get a form petition from the court where your case was filed).
3. File the complete petition in court and pay the filing fee (usually $65).
4. Wait for the court’s response. The court will usually grant it without a hearing as long as you are eligible for a seal.
5. Mail out copies of the order to seal to all the state agencies in Colorado that maintain your criminal record.

We strongly advise our clients to let us petition for a record seal as soon as they are eligible. Having a clean criminal record will greatly improve employment, housing, and loan prospects.

11. Defenses

The best way to win a domestic violence-related criminal case in Colorado is to fight the underlying charge. In a DV assault case, for instance, the most common defenses are to argue either:

• It was an act of self-defense; or
• The incident was an accident; or
• The alleged victim falsely accused you of domestic abuse.

Then if the D.A. drops the assault charge, the DV enhancement automatically disappears.¹²

Typical evidence we rely on in DV cases includes eyewitnesses, video, and recorded communications such as texts and voicemails that may reveal the accusers’ motivations to lie.

We have even had cases where the accuser injured themself to back up their false DV accusations. In these cases, we rely on expert witnesses who can determine whether injuries were self-inflicted.

12. DV Lawsuits

If you are accused of domestic violence in Colorado, the alleged victim can bring a civil lawsuit against you whether or not you are criminally charged or convicted. As a plaintiff in a civil court case, the victim may seek restitution beyond criminal penalties. They can try to seek reimbursement for:

• medical bills (including psychiatric care),
• lost wages, and
• pain and suffering.

The statute of limitations to sue for “acts of domestic violence” is six years. However, this six-year clock is “tolled” (paused) for as long as the victim:

• has a behavioral or mental health disorder, an intellectual and developmental disability, or a traumatic brain injury; and
• is psychologically or emotionally unable to acknowledge the act of domestic violence and the resulting harm that is the basis of the civil action.

In any case, you may not be sued for domestic violence-related damages more than 20 years after the alleged incident.¹³

13. Resources for DV Victims

Colorado-Based Organizations

• Address Confidentiality Program (ACP) – A program for domestic violence victims to use confidential addresses.
• Center for Community Safety and Resilience – Using research and evidence to drive public policy for thriving people and families.
• Office for Victims of Crime (OVC) – Colorado – The OVC is a government program that supports many programs and services focused on helping crime victims.
• Renew, Inc. – Intervention and education for victims.
• Violence Free Colorado (Formally Colorado Coalition Against Domestic Violence) – Offers training and policy initiatives throughout the state re. eliminating domestic violence.

National Organizations

• National Domestic Violence Hotline – Call 1 (800) 799-7233 or text START to 88788 for immediate help.
• Create a Safety Plan – National Domestic Violence Hotline – Resource for domestic violence victims on how to create a “safety plan” to remain safe and escape abuse.
• DomesticShelters.org – Directory of domestic violence shelters.
• National Alliance to End Sexual Violence – Informs the policy community in Washington, D.C. about laws impacting sexual violence.
• National Coalition Against Domestic Violence – Resources and information for victims.
• WomensLaw.org – Legal information re. rape and domestic violence.

Frequently Asked Questions

Is domestic violence a criminal charge in Colorado?

No, domestic violence is not a standalone crime under Colorado domestic violence law. Instead, it is a sentencing enhancement under C.R.S. 18-6-800.3. This means a domestic violence designation is added to an underlying crime—such as assault, harassment, or criminal mischief—if the offense was committed against a current or former intimate partner as a means of control, punishment, or revenge.

Can a victim drop domestic violence charges in Colorado?

No, an alleged victim cannot drop domestic violence charges once an arrest has been made. In Colorado, domestic violence offenses are prosecuted by the state, not the individual. Even if the victim recants their statement or refuses to cooperate, the District Attorney (DA) will typically proceed with the prosecution if there is independent evidence, such as physical injuries, 911 recordings, or witness statements.

Is Colorado a mandatory arrest state for domestic violence?

Yes, Colorado is a mandatory arrest state. Under C.R.S. 18-6-803.6, if law enforcement officers respond to a domestic call and establish probable cause to believe that a domestic violence crime was committed, they are legally required to arrest the suspect immediately. Officers do not have the discretion to issue a warning or simply tell the parties to separate for the night.

When should you hire a Colorado domestic violence lawyer?

You should consult an experienced Colorado domestic violence lawyer immediately after an arrest or as soon as you become aware that you are under investigation. A defense attorney is critical at the initial arraignment to argue for a personal recognizance (PR) bond and to request modifications to the mandatory protection order, which legally bars you from your home, your children, and the alleged victim.

Will a domestic violence conviction remove my gun rights in Colorado?

Yes, a domestic violence conviction results in the permanent loss of your firearm rights under both state and federal law. Per C.R.S. 18-1-1001(9) and the federal Lautenberg Amendment, individuals convicted of a domestic violence felony or misdemeanor are completely prohibited from owning, purchasing, or possessing firearms and ammunition.

Are domestic violence classes mandatory if convicted in Colorado?

Yes, domestic violence treatment classes are legally mandatory upon conviction under C.R.S. 18-6-801. The sentencing judge does not have the discretion to waive this requirement.

Defendants must pay for a specialized evaluation by a provider approved by the Domestic Violence Offender Management Board (DVOMB) and complete a multi-week treatment program (typically lasting 36 weeks or longer).

Can a domestic violence record be sealed or expunged in Colorado?

In Colorado, domestic violence convictions generally cannot be sealed or expunged from your criminal record if they were handled in a county or district court. The only major exceptions are if the charges were completely dismissed, if you were acquitted at trial, or if the conviction occurred in a municipal (city) court, which may allow for sealing three years after the case closes.

Further Reading

For more information, see our related articles:

• Does Colorado mandatory reporting apply to domestic violence? – Guide to how certain professionals are required to report suspected DV to authorities.
• Is domestic violence a felony or a misdemeanor in Colorado? – Discussion of when DV is a misdemeanor or a felony.
• How can I get an expungement of a domestic violence conviction in Colorado? – Explanation of how DV charges cannot be sealed or expunged.
• What class of crime is domestic violence in Colorado? – Explanation of how DV is not a separate crime in and of itself.
• Domestic violence classes in Colorado – What if I don’t do them? – Consequences of missing DV classes following your sentencing.

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