Domestic Violence Counseling Requirements in Colorado
Colorado’s law enforcement agencies and criminal justice system take a strong stand against domestic violence, with strict legal requirements throughout every stage of the process, from the initial allegations through arrest, conviction, and criminal penalties.
If you or a family member are facing a domestic violence charge in Colorado Springs or anywhere in Colorado state, it’s important to understand that a conviction for domestic violence in Colorado comes with unique sentencing requirements, including mandatory counseling for the offender.
Domestic Violence Convictions in Colorado
Under Colorado law, domestic violence is not a stand-alone charge, but instead is added as an enhancement to another criminal charge, such as assault or damage to property. This enhancement increases the penalties for a conviction or after a guilty plea.
Under Colorado Rev Stat § 18-6-801 (2017), the state describes domestic violence as follows:
“…Of domestic violence, as defined in section 18-6-800.3 (1), or any crime against property, whether or not such crime is a felony, when such crime is used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.”
What Are the Counseling Requirements for Domestic Violence Sentencing In Colorado?
Once an alleged offender has been found guilty or pled guilty in a domestic violence case, the probation department refers the offender to a list of approved domestic violence counseling providers. These providers meet the state’s strict requirements for education, licensing, and training in the unique counseling requirements for domestic violence offenders. Some providers have specialized training for specific population categories, such as for female offenders, LGBTQ+ offenders, substance abusers, and offenders with PTSD.
Colorado’s Domestic Violence Offender Management Board requires the following process:
- Convicted offenders must undergo an initial risk evaluation under the Spousal Assault Risk Assessment (SARA) Guide and the Domestic Violence Risk and Needs Assessment (DVRNA)
- A determination is made on the level, intensity, and duration of counseling recommended for the offender’s unique circumstances
- The offender receives substance abuse screening
- The offender is directed to an appropriate provider, including for any unique circumstances, such as substance abuse involvement
- Most programs require weekly counseling sessions
- Sentencing typically requires a minimum of 36 weeks of domestic violence counseling, but advancement through the program is based on progress rather than a specific number of sessions, so some offenders may require a longer program
- Offenders typically attend both private and group counseling sessions
- An aftercare plan is put in place for the offender
Certified domestic violence offender counseling providers closely coordinate with Colorado’s probation department authorities to provide progress reports and other updates.
Colorado’s domestic violence counseling requirements do not include joint counseling with a spouse or domestic partner, or family counseling.
How Can a Colorado Springs Criminal Defense Attorney Help My Case?
Criminal charges with a domestic violence enhancement in Colorado are very serious, with life-altering impacts, including a permanent criminal record, sentencing requirements, and mandatory counseling requirements.
If you’ve been arrested and charged with domestic violence, the prosecution is already working toward a conviction in your case. You have the right to an immediate, aggressive defense. Call or contact Anaya Law Group to speak with a domestic violence defense attorney in Colorado Springs about your case and your legally protected right to a strong defense.