Colorado Domestic Violence Cases: Common Terms and Definitions Used
If you are involved in a domestic violence case, you probably have a lot of questions and concerns, particularly about some of the terms you may hear being used but don't quite understand. These cases tend to be very complex, so it is best to work with a skilled attorney.
However, it is also helpful to learn more about some common domestic violence terms in Colorado.
Domestic Violence
In Colorado, domestic violence is an act of violence one person has committed against another person they are in an intimate relationship with. This term also applies to threats that are made but not carried out.
While you may automatically think of physical acts when you hear "domestic violence," in Colorado, non-physical acts that are meant to coerce, punish, control, intimidate or get revenge on someone count, too.
Intimate Relationship
In this state, an "intimate relationship" refers to a relationship between two married people, two people who are divorced, two people who are or were once together as a couple but never married, and two people who share the same child. For the latter, the intimate relationship distinction applies even if the parents were never married or never lived together as a couple.
Primary Aggressor
The primary aggressor is the person who is mainly committing the acts of domestic violence in the relationship. This is not necessarily the person who initialized the first domestic violence incident. Instead, it is meant to indicate the person who is the most significant aggressor. This can be a more difficult area for the professionals involved to navigate. Often, a person who is essentially fighting back against their abuser may commit domestic violence acts in the process, which muddies the water for the authorities and professionals handling the case.
Two different biases, the gender bias and the timing bias can come into play in these situations. Gender bias is when police automatically assume a woman is the victim and a man is the primary aggressor, even if that's not true. Women can and do also act as domestic abusers. The timing bias is the police assuming the victim is the person who called them for help first.
Police are supposed to consider several factors when determining who the primary aggressor is. These factors include the criminal histories and the physical characteristics of both parties, corroborating statements from witnesses, the presence of fear in either party, the injuries both parties have sustained, any potential motives for lying, and the use of drugs or alcohol.
Standards of Treatment
Under Colorado's standards of treatment, any person who is found guilty of or pleads guilty to a domestic violence offense must receive treatment from approved treatment providers. An approved provider will evaluate the person to determine their risk of re-offending, what types of treatment they may need, and how responsive they are to treatment.
Generally, this evaluation is supposed to happen within a week of the offender contacting the treatment provider. It is intended to determine the offender's risk level and their treatment, containment, and stabilization needs. After the initial evaluation is completed, all of these final determinations must be made within 30 days.
A domestic violence offender evaluation cannot be made until a person pleads guilty to or is found guilty of a domestic violence incident. This means no evaluation can be made before the offender either makes a plea or has their case concluded. Although an offender can have an evaluation done after they enter a guilty plea, but before sentencing, they will still need to have another evaluation done after sentencing.
The type of evaluation and treatment offenders are required to undergo largely depends on the factors of the case. There are currently three treatment levels: the least intensive is "A," while "B" is moderately intensive, and "C" is the most intensive. The "C" designation is usually the longest-lasting treatment.
It's important to note that other factors that may have contributed to the offender's behavior are usually addressed in the treatment plan, too. If, for example, the offender is suffering from a mental illness, they may have mandatory counseling sessions to address it. An offender who was drunk or on drugs may need to work with a substance abuse therapist.
How an offender will go through their treatment and what level of treatment intensity they will receive is controlled by the Multidisciplinary Treatment Team (MTT), who also determine when an offender is done with treatment. This team is made up of many people, including the agency providing treatment, the probation officer or the judge if probation does not apply, and the advocate working with the victim.