What You Should Know if You Are Facing Domestic Violence Harassment Charges

Were you recently arrested for and charged with harassment of an ex, or a person with whom you have been in an intimate relationship? If so, it is critical to understand how Colorado handles domestic violence offenses and what the classification of domestic violence can mean for your case. In short, there is no separate offense of “domestic violence” in Colorado. Rather, the classification of domestic violence is an enhancement to various types of criminal offenses with which a person can be charged. In other words, if you are charged with an offense like assault or harassment, the enhancing element of domestic violence will likely mean that you are facing more serious charges than you would be if the alleged victim were not a current or former intimate partner.

What do you need to know about domestic violence harassment charges in particular? Our Denver and Brighton domestic violence attorneys can provide you with more general information below, and we can discuss options for your defense with you today.

Domestic Violence Harassment Involves the Statutory Offense of Harassment

When a person is facing domestic violence charges for harassment, the prosecutor will need to prove the statutory elements of the offense of harassment. Under CRS 18-9-111, a person commits the offense of harassment if they do one of the following with the intent to harass, annoy, or alarm another person:

• Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or
• In a public place directs obscene language or makes an obscene gesture to or at another person; or
• Follows a person in or about a public place; or
• Directly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise, by telephone [or any other electronic form of communication] . . . that is obscene; or
• Makes a telephone call or causes a telephone to ring repeatedly . . . with no purpose of legitimate conversation; or
• Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another’s home or private residence or other private property; or
• Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response.

Enhancement of Domestic Violence

In addition to proving the offense of harassment, the enhancement of domestic violence will apply if the alleged victim is someone with whom you were in an intimate relationship. Under CRS  18-6-800.3, an intimate relationship is defined as “a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.”

A first-time offense will likely be charged as a misdemeanor, but even a class 2 or class 1 misdemeanor can involve jail time. For a repeat offender, you could be facing a class 5 felony that involves a sentence of 1 to 3 years in prison and a substantial monetary fine.

Contact a Denver and Brighton Domestic Violence Defense Attorney for Assistance  

If you are facing any domestic violence charges, including harassment, you should know that you could be subject to serious consequences in the event of a conviction. A domestic violence conviction can result in a criminal record and a sentence that can involve jail time, and you may also face repercussions related to your job, custody of your children, and more. It is critical to do everything you can to avoid a domestic violence conviction, including a conviction for harassment. You should reach out to an experienced Denver domestic violence defense attorney at DeChant Law today.

Sources:

codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-6-800-3/

law.justia.com/codes/colorado/title-18/article-9/part-1/section-18-9-111/