Colorado Sex Crime Attorney Blog

Douglas County Domestic Violence Law Too Broad

Posted by Kyle B. Sawyer | May 12, 2014 | 0 Comments

The Domestic Violence law is too broad in Colorado. Read more in our blog.
Did you know that Domestic Violence charges in Douglas County and all throughout Colorado can be added to any crime – even if it's not violent in nature? This might sound unbelievable, but it is true. In fact, Domestic Violence isn't even a crime on its own. Instead, it is a label, a “sentence-enhancer” which is added to almost any crime which involves two people who have been in a relationship. Let's look closer at Domestic Violence charges and how they are added:

Everything can be Domestic Violence – The Law is Broad

The Domestic Violence law in Colorado is written far too broadly. This is to please special interest groups in Denver, Arapahoe, and Jefferson County. Why do I say this? Let's examine a few key words and phrases in the Colorado Domestic Violence statute – C.R.S. 18-6-800.3:

Intimate Relationship:

This term used to apply to people who had been involved in a sexual relationship. But, this definition has been changed, and proof of a sexual relationship doesn't have to be present.

Motives Can't Be Determined:

Domestic Violence is added to any crime when it involved “coercion, control, punishment, intimidation, or revenge.” This is a broad definition: It is difficult to determine whether an action was made out of a desire for punishment.

Under the broad definition of Domestic Violence (DV), almost any crime can be labeled as DV. Littering can be called DV. Criminal Mischief can be charged as DV. A harassing text can be labeled as DV. Touching a former girlfriend on the butt while you're out dancing can be charged as Domestic Violence Unlawful Sexual Contact.

The Problem with a Bias: DA's, Judges, and the Police Can be Manipulated

When laws are written too broadly, people manipulate law enforcement, District Attorneys, and judges into charging people on whom they want revenge.

[pullquote align=”left” textalign=”left” width=”100%”]Police and Domestic Violence:[/pullquote]

For example, when the police are called in a Domestic Violence incident, there is a mandatory arrest. This means an angry ex-girlfriend can get back at a guy by calling the police and saying he touched her without her permission. Because of the way DV laws are written, it gives the police a “rescue mentality.” They want to rescue the cute girl victim who is receiving unwanted attention from her lousy ex. 90% of the time, the police charge the man in the situation based on the woman's word alone – there doesn't have to be any injury or evidence.

[pullquote align=”left” textalign=”left” width=”100%”]District Attorneys and Domestic Violence:[/pullquote]

Douglas County District Attorneys also have a bias. They receive tax money to fund victim's rights programs, and work with Victim's Advocates. Alleged victims are coddled and secreted away to taxpayer-funded courthouse hideouts where the Victim's Advocates hold their hand and pass them Kleenex. Heaven forbid a criminal defense attorney talk to the “victim” and get the real story!

[pullquote align=”left” textalign=”left” width=”100%”]Judges and Domestic Violence:[/pullquote]

Judges are limited when it comes to DV cases in Castle Rock, Castle Pines, or Lone Tree. The Victim's Bill of Rights doesn't allow a judge to modify a bond, conduct a sentencing hearing, or accept a plea deal without the DA first consulting the alleged victim. We often drive to the courthouses in Douglas County needlessly because the DA hasn't done what they needed to do under the Victim's Bill of Rights.

Prisons are Being Filled Due to Broad DV Laws

Because the Colorado Legislature is trying to please everyone with broad laws, the Douglas County Jail and the Colorado Department of Corrections are filling up at a record place. Good people are paying the price by paying higher taxes, facing unjust arrests, and struggling with criminal records.

The Domestic Violence criminal defense attorneys at our office handle cases in the Castle Rock courthouse and all throughout Douglas County. We commonly visit the Douglas County Jail on short notice when concerned friends or family contact us to protect their loved ones. If you have been accused of Domestic Violence, don't speak to the Parker Police, Littleton Police, or Larkspur Police. They (and the Douglas County Sheriff's Deputies) aren't your friend – they will use everything you say against you.

Request a Free Consultation

If you or a loved one has been charged with Domestic Violence in Douglas County, don't hesitate to contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.

Image courtesy of suphakit73 /

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


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