Colorado Family Law on Domestic Violence

Domestic violence in Colorado is defined as a pattern of abusive acts between individuals in an intimate relationship, including spouses, former spouses, and parents sharing a child. The legal definition extends to acts, attempted acts, or threats of violence, coercion, stalking, or harassment. These actions, when proven, are classified as domestic violence under Colorado family law, impacting criminal charges, divorce, and child custody. 

Most of us consider home to be a place of safety. For victims of domestic abuse, the opposite is often true. Domestic violence occurs between people sharing certain close personal relationships. Colorado has laws in place to help victims escape their abusers.

Colorado domestic violence statutes can be confusing. They also changed in January 2025. This article offers answers to questions about domestic violence. You’ll learn how it affects criminal charges, divorce proceedings, and child custody agreements. Read on for a better understanding of domestic violence under family law in Colorado.

I’ve heard both "domestic violence" and "domestic abuse" used. Which is the correct one?

Excellent question. Domestic violence was part of domestic abuse under Colorado law. As of January 1, 2025, that’s no longer the case. The two terms now have separate legal definitions based mainly on the people involved.

Under Colorado law, domestic violence occurs when the participants are (or were) involved in an intimate relationship. This includes spouses, former spouses, unmarried romantic partners, or parents with a child in common. It is sometimes called "intimate partner violence."

Domestic abuse, on the other hand, involves:

• People who are or were related
• People who live together or have lived together
• Minor children of either party
• An animal used by one party to control, coerce, intimidate, punish, or exact revenge from the other party

There are differences between some of the offenses involved as well.

What abusive acts are considered domestic violence under Colorado law?

For domestic violence classification, having the correct people involved isn’t enough. Certain abusive offenses need to happen between them. It’s domestic violence under Colorado family law when any of the following happens between qualifying people:

• A pattern of violent behavior
• An act, attempted act, or threat of stalking
• An act, attempted act, or threat of coercion
• An act, attempted act, or threat of harassment
• An act, attempted act, or threat of violence

If these requirements are met, Colorado considers the offense or offenses domestic violence.

Isn’t domestic violence when one spouse beats up another?

That’s part of it, but not all. There are many different types of domestic violence. As shown in the definition, even threatening to commit an abusive act is considered a domestic violence offense.

All types of domestic violence are about power and control. Abusers want to dominate the lives of their victims. By keeping them intimidated and afraid, abusers make victims feel helpless and hopeless. Through its legal protections and programs, Colorado tries to break the vicious cycle of fear, abuse, and violence.

Why is having a charge classified as domestic violence important?

Having an offense receive a domestic violence classification affects all those involved. Victims of domestic violence crimes gain access to Colorado protective orders, a powerful deterrent.

Abusers are affected by an offense’s domestic violence status in numerous ways, including:

• Abusers must complete (and pay for) a certified domestic violence treatment program
• Sentencing for domestic violence offenses requires the defendant to surrender or sell all firearms and ammunition
• No matter what deal they make, a defendant cannot have a domestic violence conviction expunged (removed) from their record or have the record sealed

A domestic violence conviction typically results in harsher penalties than something like a simple assault. If an abuser has been convicted of three or more domestic violence acts, any further domestic violence misdemeanor offense is charged as a Class 5 felony instead.

What are protective orders?

Colorado protective orders are court orders designed to help keep abusers away from victims. There are a couple of different kinds available. Each one offers protection.

Mandatory protection orders (MPOs) are criminal orders that provide temporary relief for the victim for the duration of a domestic violence legal proceeding. These restraining orders contain no-contact provisions and order the defendant to stay away from the victim. They can also prohibit the possession of firearms during this time.

Civil protection orders (CPOs) are filed by the victim after an incident of domestic violence or if there’s an imminent threat. This is done at your local courthouse or through a domestic violence advocate. CPOs can contain no-contact and stay-away provisions. They can also have conditions about temporary child custody, housing rulings, and child support.

Temporary ex parte protection orders last 14 days or until a full court hearing. At the hearing, the court hears both sides as they present evidence, call witnesses, and argue their case. If the court agrees through the preponderance of the evidence that the abuser remains a threat, a permanent protection order is issued. It lasts up to a year.

Colorado protection orders are important, and there’s a lot to know about them. FindLaw’s Colorado Protective Orders Laws article examines each one in detail and explains the application process.

I’m considering leaving my abuser. What’s the best way to do this?

Every situation is different. There’s no one right answer, but thinking before acting is best if possible. A safety plan helps prepare for an escape by gathering important information and contingency plans in one place. Knowing where the nearest shelter is, how to get in touch with loved ones, and things like account numbers and passwords can make a huge difference.

If you’re in immediate danger, call 911. Colorado police receive special training for domestic violence and domestic abuse cases. If they have probable cause to believe a crime of domestic violence has occurred, law enforcement is required to make an arrest. They’ll provide victims with information about nearby shelters and a ride to a medical facility if necessary.

If your situation allows it, reach out to a domestic rights advocate near you for help. They have the experience to be a tremendous resource. Legal advice from a domestic violence attorney can also be helpful.

My abuser has a lot of guns, and I’m afraid they’re going to hurt themselves or someone else. Can anything be done?

Also known as a "red flag law," Colorado’s extreme risk protection order (ERPO) can prevent someone from possessing or purchasing firearms. It is designed to keep the person from hurting themselves or others.

Either a family member, a household member, or law enforcement can apply for an ERPO. If issued, the subject loses access to firearms for up to 364 days. However, some Colorado counties refuse to enforce ERPOs, citing Second Amendment issues.

I’m ready to leave my abuser, but the lease on our apartment is in my name. Do I have to pay penalties for breaking the lease?

Victims of domestic violence are allowed to make a legal break of a lease under Colorado law without being subject to penalties. However, they must give the landlord written notice and show proof of domestic violence.

After leaving, the victim is responsible for one month’s rent. The landlord must return any security deposit after that.

I have a protection order, but my abuser doesn’t care. What should I do if they show up at my house?

Whether your abuser violates your protective order or threatens to violate your protective order, call law enforcement. A state of Colorado protective order is most effective when the abuser fears the penalties and knows you’ll invoke them.

Penalties for violation of a Colorado protection order include:

• First violation (class 2 misdemeanor): Up to 120 days of jail time and a fine of up to $750
• First violation involving stalking, an intimate relationship, or a mandatory protection order in cases of domestic violence, stalking, or unlawful sexual conduct (class 1 misdemeanor): Up to 364 days of jail time and a fine of up to $1,000
• Second violation (class 1 misdemeanor): Up to 364 days of jail time and a fine of up to $1,000

Violations can extend the duration of a protection order and allow for amendments to the provisions.

I’m filing for divorce from my abuser. Will their domestic violence charges have an effect?

You should let the court know about any domestic violence convictions and protection orders. If you have children, the court will suggest special programs to help them understand what’s happening. The court can issue a mandatory protection order if it feels your safety is in danger during a legal separation as well.

For something as serious as divorce cases involving an abuser, you’ll need strong legal assistance. A Colorado divorce attorney who knows the divorce process can put their knowledge of family law to work for you.

Does domestic violence affect child custody? Would the courts give my abuser custody of our kids?

The Colorado child custody laws, the general assembly in Denver, and the court system operate under the concept of doing what’s in the best interests of the child.

In general, a child’s best interests mean having both parents involved in the raising and decision-making process. That’s re-examined when domestic violence and domestic abuse are part of the situation.

The court can assign an investigator to examine the parents involved in a custody case involving domestic violence. It will also take into account all domestic violence convictions and protection orders. If concerned, the court can set visitation conditions, such as the presence of a third party. In extreme cases, all parenting time rights are subject to removal from an abusive parent.

Colorado Family Law and Domestic Violence: Summary

With luck, your life will never be touched by domestic violence or domestic abuse. In case it is, the table below offers a recap of what you’ve learned. More information is available in FindLaw’s Colorado Domestic Violence Laws article.

Note: Colorado state laws often. Make sure the laws you’re interacting with are current by doing research or speaking with a Colorado family law attorney.

Colorado Family Law on Domestic Violence: Related Resources

• National Domestic Violence Hotline (800.799.7233)
• Staying Safe – Violence-Free Colorado
• Intimate Partner Violence – Colorado Department of Public Health and Environment
• Domestic Violence FAQ
• Colorado Courts Locator – Colorado Judicial Branch

Domestic Violence Issues in Colorado? Speak With an Attorney

If you’re a victim of sexual assault, spousal abuse, or any other act of domestic violence, call 911. When you’re ready to escape your abuser, talk to a Colorado domestic violence attorney. They’ll handle your family law case and help you find a better life.

If you’re facing criminal charges for domestic violence, it’s time for professional legal assistance. A Colorado criminal defense attorney can examine your case, explain your options, and stand with you in court.