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Vail Colorado Attorneys | Domestic Violence Cases
The term domestic violence is one of the most misunderstood terms in Colorado. First, domestic violence is not a charge, but instead a sentencing enhancer. A person does not get convicted of domestic violence, rather a crime of domestic violence. All crimes that can be alleged to be crimes of domestic violence can also be charged as crimes that are not domestic violence related. For example, Harassment and Assault are never crimes of domestic violence unless certain conditions are met: that the crime was committed against a current or former intimate partner, and that it was committed for purposes such as intimidation or control.
The law in Colorado is very specific as to how a crime is deemed to be a crime of domestic violence. Convictions for crimes of domestic violence in Colorado always require a domestic violence evaluation and recommended treatment. Another point that is largely misunderstood is whether the law requires a person to be arrested when police respond to allegations or concerns of crimes of domestic violence. Generally, the law in Colorado requires that a police officer or sheriff make an arrest in all circumstances where there is probable cause to believe that a crime of domestic violence has occurred.
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