Domestic Violence Training Module

“Domestic Violence”

In Colorado, Domestic Violence is defined as either:

Option 1:

1. 1. 1. an act or threatened act,
      2. of violence,
      3. upon a person with whom the actor is or has been involved in an intimate relationship.

Option 2:

1. 1. 1. any other crime or municipal ordinance violation;
      2. against a person, or against property, including an animal;
      3. when used as a method of coercion, control, punishment, intimidation, or revenge;
      4. directed against a person with whom the actor is or has been involved in an intimate relationship.

§ 18-6-800.3.

“Act or threatened act of violence” is not defined by the statute, but is generally understood to mean crimes involving the application of physical force, such as Assault in the Third Degree or potentially even Harassment—Kick/Strike/Shove.

In misdemeanor cases, the court determines whether an act constitutes an act of domestic violence at the time of sentencing. See § 18-6-801 (“the underlying factual basis of which has been found by the court on the record to include an act of domestic violence”) (emphasis added). For some felonies, however, such as the Domestic Violence Habitual Offender enhancer, the question of whether an act constitutes an act of domestic violence is submitted to the jury. See, e.g., COLJI 6-8:01.INT “Triggering Misdemeanor Offense of Domestic Violence—Interrogatory (Habitual Domestic Violence Offender)”.

“Intimate Relationship”

An intimate relationship means a relationship:

1. 1. 1. between spouses,
      2. former spouses,
      3. past or present unmarried couples, or
      4. 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.

§ 18-6-800.3.

A sexual relationship may be an indicator of an intimate relationship, but a sexual relationship need not be present. People v. Disher, 224 P.3d 254, 258 (Colo. 2010).

The relationship must be more than that of a roommate, friend, or acquaintance; there must be a romantic attachment or shared parental status between the parties. [A]n intimate relationship should not include mere social or business acquaintances and friends. Id.

When determining if a relationship falls within the category of intimate relationships a court may take into account the following three factors:

1. 1. 1. the length of time the relationship has existed, or did exist;
      2. the nature or type of the relationship;
      3. the frequency of interaction between the parties.

Id.

These factors are not intended to be an exhaustive list of the characteristics a court may consider; they are a guide that may be used in whole or in part. Id.

Domestic Violence Takes Many Forms

As contemplated by Colorado’s broad domestic violence statute, DV can take many forms, including physical, sexual, emotional, financial, and psychological abuse. Physical violence may include hitting, pushing, kicking, biting, strangulating, or using an object or weapon. It can be a single episode or it may form part of a system of power and control over the victim.

Emotional or psychological abuse includes verbal abuse, emotional manipulation, and the use of humiliation to control what the victim can and cannot do. Emotional and psychological abuse often precedes, surrounds, and combines with acts of physical violence. Although not all acts of emotional and psychological abuse violate criminal laws, such abuse can have powerful and lasting effects on victims long after their physical injuries have healed.

For more information about the types of domestic violence, see [Types of Domestic Violence].

Hypotheticals

Husband punches Wife in the face for no apparent reason, causing Wife pain. Is this domestic violence? Yes, this is Assault in the Third Degree (M1)—DV. The defendant and victim are married, so their relationship qualifies under the statute as an “intimate relationship.” The act itself—punching—falls under the “act or threatened act of violence” definition of Domestic Violence. It does not require proof that the act was “used as a method of coercion, control, punishment, intimidation, or revenge.”

Man thinks his longtime girlfriend is cheating on him. He confines her to their bathroom, telling her he will not allow her to leave until she gives him her phone and unlocks it. She refuses at first but eventually relents. He looks through her phone, finds a text where she flirts with another man, gets angry, and then throws her phone in the toilet, destroying the phone. Is this domestic violence? Yes, although other crimes might also apply, this crime includes False Imprisonment (M2)—DV and Criminal Mischief—DV. The two are not married, but they are in an intimate relationship because they are in a long-term romantic relationship. Although the man did not use force to confine her into the bathroom, he intentionally and unlawfully confined her to a space for the purpose of coercion and control, which meets the definition of False Imprisonment and Domestic Violence. The man also committed Criminal Mischief because he destroyed her phone. Although he did not use force to do so, he destroyed her phone as a method of coercion, control, punishment, intimidation, or revenge for flirting with another man.

Man and woman go on a first date. They did not know each other before the date. They have consensual sex on that date. The next week, the man discovers the woman is also dating another man. Man gets angry and slashes the tires of the other man she is dating and leaves a note on the car saying “stay away from her.” Is this domestic violence? This is Criminal Mischief, but are the man and woman in an intimate relationship? A single date may not be sufficient to prove this relationship was “intimate.” Nor does the fact that they had sex establish the presence of an intimate relationship.

After a bitter divorce, Mary tells her ex-wife that if her ex-wife doesn’t give up lawful custody of their child, Mary will publish their private, sexually explicit videos online in retribution. Is this domestic violence? Mary has potentially committed several crimes, including Posting a Private Image for Harassment and Criminal Extortion, that are acts of Domestic Violence. Even though the two are no longer married, Colorado defines an intimate relationship as including former spouses. Even if they hadn’t been married, they qualify as having an intimate relationship in Colorado because they share a child. Although the crime does not involve an act or threatened act of violence, it does constitute at least two crimes and is done for the purpose of coercion, control, punishment, intimidation, or revenge.