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- posted: Jun. 06, 2024
- Criminal Defense
Colorado uses several different methods in the state’s effort to reduce the incidence of domestic violence. Some of these measures are clearly punitive, such as incarceration and fines for those convicted of illegal conduct against a relationship partner or family member. Conversely, mandatory domestic violence treatment, paid for by the defendant, is aimed at addressing the root causes of abusive behavior.
While a judge clearly cannot impose penalties such as jail time or fines without a criminal conviction, a case before the Colorado Supreme Court asked whether judges can order defendants to undergo mandatory domestic violence treatment even without a jury verdict explicitly finding that domestic violence occurred. This question has sparked significant debate regarding due process and the rights of defendants.
In Pellegrin v. People, the defendant was convicted of stalking and harassment after posting a nude photo of his former partner on the Craigslist website, along with her address. The woman received multiple unwanted contacts as a result, including explicit photos of men’s genitals. Mr. Pellegrin’s sentence included jail time and a fine. On top of that, the judge determined that his conduct amounted to domestic violence and included the condition that he attend treatment.
Though some courts had required a specific jury finding of domestic violence before mandating that defendant undergo treatment, the Colorado Supreme Court held that such a finding is not always necessary. This means that defendants in domestic violence cases may be ordered to complete treatment programs even if the jury does not explicitly decide that domestic violence occurred. Writing for the court, Justice Richard Gabriel said that the treatment requirement exists to deter future instances of abuse rather than punishing prior acts.
Some defense advocates argue that an order mandating treatment infringes on defendants' due process rights by imposing a significant requirement without a specific jury finding. A particular concern is that the sessions, which can cost hundreds of dollars, constitute a serious punishment for indigent individuals.
If you’ve been charged with a criminal offense that might involve an allegation of domestic violence, it’s important to understand that the potential consequences of such a case include mandatory treatment, even if no specific domestic violence count is filed.
At Polansky Law Firm in Boulder, we are experienced Colorado litigators who uphold the rights of accused individuals and help clients avoid unwarranted sanctions by developing a strong defense on their behalf. For a free consultation regarding your case, please call 303-415-2583 or contact us online.
