Domestic violence is one of the most common violent crimes prosecuted in Colorado. Like other violent crimes, allegations of domestic violence can lead to serious criminal consequences. The party accused could end up limited by a criminal record that makes them seem untrustworthy and volatile. The record of their conviction could even impact their educational opportunities and future relationships.
A variety of factors influence the state’s decision to pursue domestic violence charges, including the relationship between the parties involved in an altercation. Physical aggression that causes injury is often assault, but prosecutors can bring domestic violence charges in specific circumstances.
What types of relationships may lead to the state pursuing domestic violence charges instead of assault charges?
Colorado’s law has a restrictive definition
Every state has unique statutes regulating criminal charges and civil lawsuits. In some jurisdictions, domestic violence charges are possible when a teenager strikes their parents or when roommates have a physical fight. In Colorado, the definition of domestic violence focuses on one specific type of relationship.
Generally speaking, only intimate relationships justify a domestic violence charge. Married couples, parents who share minor children and people who are in or have been in a romantic relationship are among those who could be at risk of domestic violence charges. Those without an intimate history who cohabitate and non-intimate family members, such as siblings, are typically not at risk of domestic violence charges after an argument turns physical.
Understanding what justifies domestic violence charges can help people as they strategize for court. Defendants accused of domestic violence can sometimes mount a defense based on technicalities, such as a misunderstanding about the nature of a relationship.