In domestic violence cases in Colorado, the state often pushes for serious punishments in an effort to deter these crimes. Individuals charged in such cases need experienced counsel to protect their futures. The question many alleged offenders have is: “Is domestic violence a felony or a misdemeanor?” The answer depends on the circumstances of the incident in question.
Understanding Domestic Violence Charges in Colorado
Colorado Revised Statute (C.R.S.) § 18-6-800.3 defines domestic violence as “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.”1 In Colorado, there is no stand-alone domestic violence charge. Instead, domestic violence is used as an enhancement to other charges.
In many Colorado cases, domestic violence is coupled with a misdemeanor charge. Misdemeanors are less serious than felonies and come with fewer criminal penalties. However, a misdemeanor domestic violence enhancement is nothing to sneeze at, and can lead to significant criminal and collateral troubles, depending on the underlying charge being enhanced.
However, domestic violence enhancements can be coupled with a felony charge as well. Felony charges are much more serious and often result in prison time and significant fines.
Potential Consequences of a Domestic Violence Enhancement
In Colorado, a domestic violence designation on a felony (or misdemeanor) charge can significantly increase the practical consequences of the case, even though domestic violence is not a separate offense. Under C.R.S. § 18-6-801, the designation can lead to mandatory domestic violence evaluation and treatment, restrictive protection orders, supervised probation or Department of Corrections exposure (jail time), and strict bond conditions that can affect where you live, who you contact, and whether you may possess firearms.2
Because felony charges already carry the possibility of prison, a permanent felony record, and serious collateral consequences, a domestic violence enhancer can make the case more complex and harder to resolve. Regardless of felony or misdemeanor charges, a domestic violence-related enhancer can also affect employment, housing, professional licensing, immigration status, and child custody matters. Even if the underlying charge is “only” a misdemeanor, the domestic violence enhancer can make the case more restrictive, more complicated, and more difficult to resolve without lasting consequences. Below is a breakdown of the various collateral consequences:
Work
Most employers do thorough background checks on potential employees. Although some employers are willing to hire people with criminal records, many choose not to do so. Those who do hire convicted individuals might shy away from convictions related to violence, making a job search with a record an uphill battle. As far as working on a professional level, such as in legal or medical fields, a domestic violence conviction of a felony charge can be the end of a person’s professional licensing.3
Child Custody
A domestic violence conviction can have significant repercussions on a person’s child custody rights. Child custody decisions are made in the best interests of the child, and with a domestic violence conviction in the mix, the judges making these determinations will typically make rulings and judgments that disregard the custody and decision-making rights of the person with the conviction.
However, keep in mind that domestic violence is just one of many factors judges consider in custody cases. It is quite possible for a person with a domestic violence conviction to still receive parenting duties in a court ruling. It all depends on the circumstances of the domestic violence and specific case factors.
Loss of Rights
If you receive a domestic violence conviction, you might also lose some important rights. Felony convictions in Colorado and across the United States result the in loss of various rights, including:
- Your right to bear firearms
- It is illegal for convicted felons to possess or carry firearms and certain other weapons, as per the Lautenberg Amendment.5 This restriction remains in effect even after completing your sentence, though pardons may provide an avenue for restoration.
- Your right to vote
- In Colorado, You cannot vote while actively serving a term of imprisonment for a felony conviction. However, your right to vote is automatically restored immediately upon release, even if you are on parole.4
- Your ability to hold public office.
- You are disqualified from holding any public office, though this right can be restored after completing your entire sentence (including parole).
Best Practices to Mitigate Consequences of Domestic Violence Charges
A domestic violence conviction in Colorado can saddle you and your future with negative criminal and personal consequences. Fortunately, a charge is not the end of the case. It is only the beginning of the fight.
A skilled Colorado criminal defense attorney can help with domestic violence charges by reviewing the evidence, challenging weak or inconsistent allegations, and explaining how the domestic violence designation may affect bond conditions, protection orders, firearm rights, treatment requirements, and sentencing. A domestic violence attorney can also communicate with prosecutors, pursue reduced or dismissed charges when appropriate, and help you avoid accidental violations of court orders while the case is pending. Because domestic violence cases often move quickly and can affect your home, family, employment, and future record, early legal guidance can be critical.
If you are in need of an effective defense against domestic violence charges, contact the Law Office of Kevin Cahill for a case review today. Your future matters, and we’re here to protect it.
References
1. Colo. Rev. Stat. § 18-6-800.3 (2025). https://colorado.public.law/statutes/crs_18-6-800.3
2. Colo. Rev. Stat. § 18-6-801 (2025). https://colorado.public.law/statutes/crs_18-6-801
3. Colorado Division of Professions and Occupations. (n.d.). Collateral consequences licensure information. https://dpo.colorado.gov/CollateralConsequences
4. Colorado State Public Defender. (n.d.). Voting rights. https://www.coloradodefenders.us/for-clients/client-resources/voting-rights/
5. U.S. Marshals Service. (n.d.). Lautenberg Amendment. U.S. Department of Justice. https://www.usmarshals.gov/resources/forms/lautenberg-amendment