“Domestic Violence” & “Intimate Relationship”
Under Colorado law, “domestic violence” doesn’t only mean physical violence against a sexual partner. Actions that are used to control, coerce, threaten, intimidate, seek revenge, damage property, or harm animals are considered “domestic violence” offenses if the parties are or were in an “intimate relationship” with one another. An “intimate relationship” requires that the parties have shared or do share parental status, are or were married, or are or were in a romantic relationship.
Allegations of “domestic violence” often arise in the midst of a relationship break-up, divorce, or a child custody battle. Attorneys Narum and Cohen also have extensive experience in these domestic relations cases, and often also represent clients in divorce and custody cases. They protect your rights through proper investigation and exploration of all legal defenses.
If you have been accused of “domestic violence,” call Attorneys Cohen and Narum now at (720) 445-9779, ext. 1 or email us at [email protected].
“Domestic Violence” & Recanting Victims
Alleged victims of “domestic violence” often make allegations in the heat of the moment and later recant or change their stories to help the loved ones they have accused. This could be because the accuser is scared to go to court, is exaggerating, or initially lied.
However, prosecutors have the ultimate decision whether to still proceed with a criminal case against you, even if the alleged victim wants to drop the case.
Attorneys Cohen and Narum know how to deal with recantation cases, present the evidence to the prosecution and, if necessary, to a jury. They know how to seek justice on your behalf. We also have access to investigators and experts in “domestic violence” relationship dynamics who also can assist in your defense.
“Domestic Violence” & Sentencing Requirements
In Colorado, “domestic violence” is not a charge in and of itself. Instead, “domestic violence” serves as an aggravating category, adding additional sentencing penalties and requirements to sentencing for the underlying crime (usually assault, criminal mischief, harassment, menacing, stalking, or violating a protection order).
For example, you will be required to complete a court-ordered “domestic violence” evaluation through a state-approved provider, complete recommended treatment, and will be prohibited from possession of firearms.
For offenders with prior “domestic violence” convictions, sentencing becomes harsher. Charges with “domestic violence” as an aggravator may be ratcheted up from misdemeanors to felonies when the defendant has multiple prior convictions.
“Domestic Violence” & Firearms Possession
Under federal law, people convicted of certain “domestic violence” offenses are prohibited from buying or owning firearms. In addition, a misdemeanor conviction is counted as a “domestic violence” offense if the victim is any of the following:
- A current or former spouse, child, or ward;
- A person who shares a child in common with the offender;
- A current or former cohabitant as spouse, child, or ward; or,
- Anyone acting in those roles.
Under Colorado law, anyone convicted of a “domestic violence” misdemeanor or felony must surrender any guns and ammunition. The law also restricts the future purchase of any guns or ammunition.
Colorado law also requires the issuance of a protective order for the alleged victim against the defendant in “domestic violence” offenses once charges have been filed. Under federal law, anyone subject to a protective order is barred from owning or purchasing firearms. This means that anyone accused of a “domestic violence” offense in Colorado is prohibited from owning or purchasing guns for the duration of the order. Such protective orders remain in place until completion of your sentence if convicted.
If you have been accused of “domestic violence,” call attorneys Narum and Cohen now at (720) 445-9779 ext. 1 or email us at [email protected].
“Mr. Narum was a consistent source of knowledge and integrity, allowing me to close my case knowing I had done the best for my family.”
“Because of Doug’s due diligence he was able to get all charges dropped, the case dismissed, and the records sealed.”
“With Todd’s help, I was able to avoid jail, my in-house detention was halved, and the terms of my probation were relaxed considerably.”
“Through Doug’s unrelenting efforts, he was able to reduce a sentence that could’ve been a life term to minimal jail time and probation, served back home with family in our home state.”