Understanding Domestic Violence in Colorado Law
Colorado defines domestic violence broadly under C.R.S. § 18-6-800.3 as an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. Importantly, domestic violence is not a separate criminal charge in Colorado but rather a sentence enhancer that attaches to any crime committed against an intimate partner.
The definition extends beyond physical violence to include threats, intimidation, emotional abuse, financial control, and any crime committed as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been in an intimate relationship.
Civil Protection Orders
Civil protection orders are one of the most powerful and immediately available tools for victims of domestic violence. Colorado courts can issue protection orders that prohibit the restrained person from contacting, intimidating, or threatening the protected person, require the restrained person to vacate a shared residence, grant temporary custody of children, and prohibit the restrained person from possessing firearms.
Temporary vs. Permanent Protection Orders
A temporary protection order (TPO) can be obtained on the same day it is requested, without notice to the other party. The court will evaluate whether an imminent danger exists and, if so, issue the TPO immediately. A permanent protection order hearing must be held within 14 days of the TPO issuance, giving the restrained person an opportunity to respond and present evidence.
Despite the name, permanent protection orders are not necessarily permanent. They can be issued for a specific duration or indefinitely, depending on the circumstances. The restrained person can petition to modify or dismiss a permanent protection order, but the burden of proof rests on them to demonstrate that the order is no longer necessary.
Impact on Custody Proceedings
Domestic violence has profound implications for custody (allocation of parental responsibilities) proceedings in Colorado. Under C.R.S. § 14-10-124(4), the court must consider credible evidence of domestic violence when determining the best interests of the child.
The Rebuttable Presumption
Colorado law creates a rebuttable presumption that unsupervised parenting time is not in the childs best interest when the parent has been convicted of domestic violence or when a pattern of domestic violence is established. This presumption can be overcome, but the burden falls on the parent with the domestic violence history to demonstrate that unsupervised time is safe.
Supervised Parenting Time
Courts may order supervised parenting time when domestic violence is a factor. Supervision can range from professional supervision at a designated facility to supervision by an approved third party. The supervising entity or individual must be approved by the court and must be capable of ensuring the safety of the child and the protected parent.
Safety Planning and Resources
Safety planning is a critical component of domestic violence response. A comprehensive safety plan addresses immediate safety concerns, legal protections, financial security, housing, and ongoing support needs.
Colorado Resources
Colorado offers numerous resources for domestic violence victims including the Colorado Crisis Services hotline (1-844-493-8255), the National Domestic Violence Hotline (1-800-799-7233), local domestic violence shelters and advocacy programs in every judicial district, legal aid organizations providing free representation in protection order cases, and victim compensation funds through the Colorado Crime Victim Compensation Program.
Frequently Asked Questions
You can file for a civil protection order at your local county court. Temporary protection orders can be issued the same day without the other party present. A permanent protection hearing will be scheduled within 14 days where both parties can present evidence.
Colorado law creates a rebuttable presumption that it is not in the best interests of the child to allocate unsupervised parenting time to a parent who has been convicted of domestic violence or has a pattern of domestic violence. The court may order supervised parenting time or other protective measures.