Situations involving domestic violence can be emotional, stressful, and uncertain. If you were part of a domestic violence incident, you need to understand the laws and important timeframes that affect your rights. Colorado has strict domestic violence laws, and the consequences can be far-reaching. The Ferrell Law Firm, PLLC, has the experience to help you understand these laws, including the statute of limitations in Colorado for domestic violence. Consult a Boulder domestic violence attorney as soon as possible to protect your rights.
Key Takeaways:
- Domestic violence in Colorado encompasses physical, emotional, verbal abuse, and threats within intimate relationships.
- Colorado’s mandatory arrest policy requires police to arrest the suspected aggressor in domestic violence incidents if there’s probable cause.
- A mandatory protection order can be issued against the accused, prohibiting contact with the alleged victim.
- Domestic violence acts as a sentence enhancer in Colorado, not a standalone crime, and is applied to underlying criminal charges.
- The statute of limitations for domestic violence cases in Colorado varies, with misdemeanors at 18 months and felonies at 3 years, but can extend up to 20 years for sexual assault or child sexual abuse cases.
- Civil suits for domestic violence damages must generally be filed within 6 years, but there’s no limit for cases involving sexual misconduct.
- Defenses against domestic violence charges can include self-defense, lack of proof, or disproving false allegations.
- Alleged victims cannot drop domestic violence charges; only the prosecutor can.
What Is Domestic Violence?
Domestic violence is a form of violence between two people who have or had an intimate relationship with one another. This means violent acts or threats against:
- A current or former spouse,
- A current or former romantic partner, or
- Someone with whom you share a child.
The threat or act of harm can also be directed against another person, animal, or property if the actor causing the harm is trying to punish, coerce, control, or intimidate the person with whom they have an intimate relationship.
Most times you think of domestic violence as physical harm or threats of physical harm like hitting, punching, or pushing. Domestic violence can also include emotional abuse, verbal abuse, harassment, or coercion.
What Happens If You Are Accused of Domestic Violence?
If you are accused of harming or threatening someone you are in an intimate relationship with, you may face arrest under Colorado domestic violence laws. This is because Colorado is a mandatory arrest state. If police have probable cause to believe domestic violence took place, they must arrest someone. The police will arrest the person who appears more likely to have caused the injury or threat. If police suspect you performed the act or threat of violence against the accuser, they must arrest you.
If you contend that you were also a victim of domestic violence from the person accusing you, the police officer can take that into account. The police officer may also consider prior complaints of domestic violence, the relative severity of the injuries of each person, the possibility that one person acted in self-defense, and the likelihood of future injury.
At the time of arrest, it is critical to inform the police officers that you would like to speak with an attorney. You should immediately hire a criminal defense attorney to help you understand and protect your rights.
Mandatory Protection Order
The court will issue a mandatory protection order against you if you’ve been arrested for a crime involving domestic violence. A protection order is a court order. It prohibits the person accused of the act of violence from having any contact or communication with the alleged victim. Most protection orders begin as temporary but can become permanent if the court determines that the accused continues to be a threat to the alleged victim.
If you have a protection order against you, it is important to follow its restrictions. If you violate the terms of the protection order by contacting or harassing the alleged victim, you can be charged with an additional crime. Even if the alleged victim invites you to speak with them or enter their home, you can still be found in violation of the protection order.
Domestic Violence Is Not a Standalone Crime
Although you may be punished for domestic violence, the Colorado statute does not recognize it as a distinct crime. You do not get charged solely with domestic violence. Rather, domestic violence is a sentence enhancer to another underlying crime. Examples of some underlying crimes that a person may be accused of include but are not limited to:
- Battery,
- Assault,
- Criminal threats,
- Menacing,
- Stalking,
- Sexual assault,
- False imprisonment,
- Child abuse, and
- Elder abuse.
The primary punishment you receive will be based on the underlying criminal charge. But if you committed the crime against a person with whom you have or had an intimate relationship, the punishment can be enhanced or more severe.
In addition to jail time and fines, the court may impose penalties such as domestic violence treatment programs, house arrest, probation, and restriction or prohibition of firearm purchase or possession.
Statute of Limitations for Colorado Domestic Violence Cases
Statutes of limitations are timeframes within which cases can be brought. This provides an outer limit on bringing charges or seeking financial reimbursement. Time limitations help ensure cases are handled promptly. Cases involving domestic violence may have both a criminal and civil statute of limitations.
Criminal Statute of Limitations
As mentioned above, domestic violence is not a standalone crime. Therefore any statute of limitations to file criminal charges is based upon the level of offense of the underlying crime. For most misdemeanor acts, the charges may be brought against the accused anytime up to 18 months after the alleged incident. If it’s a felony act, typically the accused may face charges up to 3 years after the alleged incident occurred.
Note that crimes of sexual assault or child sexual abuse are taken very seriously in Colorado. Depending on the case, prosecutors may have up to 20 years to bring charges for sexual assault or child sexual abuse. And if the alleged crime is a rape, there may be no statute of limitations if the rape was reported to police within 20 years of the incident and there is DNA evidence of the suspect.
Civil Statute of Limitations
In some cases, the alleged victim will sue the accused abuser in a civil suit to seek monetary damages. The alleged victim may try to recover costs of medical bills, therapy, pain and suffering, or lost wages. Generally, such a civil suit must be brought within 6 years of the alleged incident of domestic violence. If the victim is seriously disabled, they may have up to 20 years to pursue this claim.
For crimes involving sexual misconduct, Colorado has eliminated the statute of limitations for a victim to pursue a civil claim against the alleged abuser. A civil action for sexual misconduct can be brought at any time.
Domestic Violence Defenses
Facing a charge involving domestic violence is very serious. The repercussions can negatively affect your reputation, your job, and your life. Some defenses may be available if you are accused of being the aggressor. For example, your attorney may be able to argue the following:
- Self-defense—you were acting to protect yourself or others (like children) where you believed there was an imminent threat; or
- Lack of proof—there is insufficient evidence to prove beyond a reasonable doubt that you were the aggressor; or
- False allegations—if the alleged victim makes false allegations against you, your attorney can seek out inconsistencies in their story to prove the allegations are untrue.
These defenses can potentially reduce the penalties against you or help you get the charges against you dismissed. Work with your criminal defense attorney to learn which defenses might be available to you.
Can the Alleged Victim Drop the Charges?
An alleged victim of domestic violence does not have the ability to drop the charges against you or get the case dismissed. Once a domestic violence case has been filed, only the prosecutor has the authority to drop or dismiss it. It is unlikely that a prosecutor will drop the case, even if the alleged victim refuses to testify. However, an experienced attorney may be able to use the victim’s unwillingness to testify to help your case.
Be wary, however, of doing anything that might be construed as intimidating the witness or encouraging them not to testify. If the prosecutor can claim that the witness’s refusal to testify is due to intimidation, the witness’s reluctance may backfire against you.
Hire The Ferrell Law Firm to Defend You
If you’ve been accused of domestic violence, contact The Ferrell Law Firm immediately. Attorney Mike Ferrell is a former prosecutor who has handled countless criminal and domestic violence cases. He has extensive knowledge of Colorado domestic violence laws. He understands how to navigate the courts, undermine the prosecution’s case, and negotiate with the prosecutors to help you get the best possible outcome for your case.
Contact The Ferrell Law Firm to learn how Mike can help you defend yourself against charges involving domestic violence.
Michael, founder of The Ferrell Law Firm, PLLC, specializes in criminal defense and personal injury law. With a background in substance abuse treatment, he brings empathy and understanding to his legal practice. A former Deputy District Attorney in Arapahoe County, Michael has extensive experience prosecuting a wide range of criminal cases, including DUIs and domestic violence. His law degree from the University of Denver Sturm College of Law, combined with his hands-on experience in criminal law, positions him as a knowledgeable and effective advocate for his clients’ rights.
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