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- posted: Oct. 20, 2025
Domestic violence is not a standalone crime in Colorado. Instead, the domestic violence (DV) enhancement is applied when any crime—whether violent or not —is committed against a person with whom the defendant has an “intimate relationship.” The DV enhancement operates by increasing the severity of sentencing and imposing other consequences if the underlying act was carried out to coerce, control, punish, intimidate or seek revenge against a current or former intimate partner.
The core of the DV enhancement lies in the broad definition of “intimate relationship” under Colorado Revised Statutes § 18-6-800.3. This term explicitly encompasses a wide range of personal connections, including current spouses, former spouses, current or past romantic partners (even if the relationship was brief or casual), and any individuals who share a child, regardless of whether they ever lived together or were ever formally in a romantic relationship. This broad definition means that the DV enhancement may be triggered in scenarios where the defendant and the alleged victim weren’t living together at the time of the incident—or ever.
The DV enhancement can be applied to almost any criminal offense, including assault, harassment, stalking, theft, property damage (when done to intimidate or send a message), violating restraining orders and even crimes against pets (if the harm is intended to control or harm a partner).
Once an intimate-relation connection is proven, the DV enhancement triggers significant outcomes that go beyond the standard sentence for the underlying crime. They can include the following:
Harsher sentencing outcomes — The court may treat the underlying offense more severely due to the aggravating circumstances outlined by the DV enhancement. Repeat offenders may be designated “habitual domestic violence offenders” and face enhancement to felony charges.
Mandatory protection orders — The court will issue a protection order, often at the very first court appearance. It typically prohibits contact with the victim and entering the victim’s home or workplace, and it can remain in effect throughout the proceedings and potentially after.
Required domestic violence treatment programs — Convictions require mandatory participation and successful completion of a state-approved domestic violence treatment program, rather than simply paying fines or serving time.
Loss of gun rights — Both state and federal law provide for the removal of a defendant’s right to possess firearms and ammunition upon a DV conviction, and failure to surrender firearms is itself a criminal offense.
An example of how a DV enhancement works is the crime of assault, which is knowingly or recklessly causing bodily injury to another person. Third-degree assault is a class 1 misdemeanor, punishable by up to 24 months in jail and/or fines up to $5,000. However, if the same act is classified as domestic violence assault, the defendant may be sentenced at the higher range. A skilled domestic violence defense attorney can formulate a case against such enhancement of punishment.
If you have been charged with domestic violence in Colorado, Polansky Law Firm in Boulder stands ready to represent you. Call 303-415-2583 or contact us online to schedule a confidential case evaluation.
