The broad label of Domestic Violence (DV) – C.R.S. 18-6-800.3 exists because of special interest groups and peer pressure. The Colorado legislature is afraid of the public believing they are tolerant of violence – so they overreact and make overly harsh laws which result in far too many people charged with DV. Am I the only one who sees the danger in allowing fear to rule our judges in the court? Throughout Adams, Denver and Jefferson County, good people are being charged with DV and treated as violent criminals for no reason other than the fear of the court and legislature. The criminal defense attorneys here at our office believe that DV is far too broad of a label. Violence should be taken seriously, but DV does not have to include acts of non-violence. [pullquote align=”center” textalign=”center” width=”70%”]Am I the only one who sees the danger in allowing fear to rule our judges in the courts?[/pullquote]

Non-Violent Violence

Domestic Violence is a label which is attached to criminal offenses in Douglas, Larimer and Arapahoe County. It includes actual crimes of violence, but it also is charged when “any other crime against a person…property…or animal” is used as a method of “coercion, control, punishment, intimidation, or revenge” against a person “with whom the actor is or has been involved in an intimate relationship.” How do you define revenge, coercion and intimidation? The problem with labels which include such vague terms is that people who commit non-violent offenses are being treated like violent criminals.

Non-Violent Men Labeled as Violent Offenders

Our lawmakers are blind. Didn't they see how implementing this law would cause non-violent people to be tossed in with violent criminals? We see men all over the Denver area, in Aurora, Highlands Ranch and Centennial, arrested and charged with Domestic Violence after a woman (who they had broken up with) accuses them of non-violent crimes. For example, we have heard of cases where men have been charged with DV after not returning an ex-girlfriends dog (he would also be charged with theft), calling too much after a breakup (charged with harassment), or yelling at them after being kicked out of the house (charged with disorderly conduct). Each of these offenses is non-violent, but the men are being treated as if they are violent offenders. They will receive the same treatment as a man who beats his wife.

Our Lawmakers are Blind: We Need to Rethink Domestic Violence

Our lawmakers fail to realize they are ruining the lives of hundreds of men each year. A conviction of DV requires the offender to undergo and pay for domestic violence treatment (overseen by the Domestic Violence Offender Management Board). Protection orders are issued in every criminal case, which means the offender may be unable to continue going to work or school if the “victim” is regularly in the area. Many rights are taken away: A person convicted of a DV related offense is unable to own a gun. Our lawmakers need to reevaluate Domestic Violence. We need to create a “safety net” which separates violent offenders from non-violent ones. We should never allow fear to run a courtroom.

Request a Free Consultation

If you or a loved one has been contacted by the police in Parker, Littleton or Arvada regarding Domestic Violence charges, be smart, exercise your right to remain silent, and 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.

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