In Colorado, the statute of limitations for domestic violence depends on the underlying criminal charge. For most misdemeanor domestic violence offenses, prosecutors generally have 18 months to file charges. For felony domestic violence crimes, the statute of limitations may be three years or longer, depending on the severity. Understanding these deadlines is critical, as they determine whether the state can legally bring charges against you.
What Constitutes Domestic Violence in Colorado?
Under Colorado law, domestic violence is not a standalone criminal offense. Instead, it is an enhancer that can be added to other crimes, such as assault, harassment, or stalking, when the alleged victim has an intimate relationship with the accused. According to Colorado Revised Statutes (C.R.S.) § 18-6-800.3, domestic violence means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.the definition also includes any other crime when 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.
This definition includes physical harm, emotional abuse, and financial exploitation, making domestic violence charges varied and complex. Because domestic violence is tied to underlying criminal charges, the statute of limitations depends on the specific crime committed.
Statute of Limitations for Domestic Violence-Related Crimes
The statute of limitations in Colorado for crimes associated with domestic violence depends on whether the underlying offense is classified as a misdemeanor or a felony:
- Misdemeanor Domestic Violence Charges
For most misdemeanor offenses, such as harassment or minor assault, the statute of limitations is 18 months from the date of the alleged offense. This means prosecutors must file charges within this time to proceed with the case. - Felony Domestic Violence Charges
Felonies, such as aggravated assault, stalking, or certain acts of sexual violence, carry longer statutes of limitations. Most felony offenses have a three-year statute of limitations in Colorado. However, certain severe crimes, including murder and certain sexual offenses, have no statute of limitations, meaning charges can be brought at any time. - Exceptions to the Rule
Some factors can toll (pause) or extend the statute of limitations. For instance:- If the alleged offender leaves Colorado, the clock may stop until they return.
- Crimes involving minors, such as child abuse or sexual offenses against a child, often have extended or indefinite statutes of limitations.
What Happens if Charges Are Filed After the Statute of Limitations?
If prosecutors attempt to bring charges after the statute of limitations has expired, the defendant can file a motion to have the case dismissed. Courts generally dismiss cases brought outside the legal timeframe unless an exception applies.
However, it is essential to understand that statutes of limitations only apply to the time prosecutors have to file charges. Once charges are filed, there is no expiration on the prosecution of the case.
Defenses Against Domestic Violence Charges
Facing domestic violence allegations can be overwhelming, but several legal defenses may be available depending on the circumstances:
- Lack of Evidence
Prosecutors must prove their case beyond a reasonable doubt. Insufficient evidence or unreliable witnesses can weaken their position. - False Allegations
Domestic violence accusations are sometimes made out of anger, revenge, or a desire to gain an advantage in divorce or custody disputes. Demonstrating false allegations can lead to dismissal of charges. - Self-Defense
If you acted to protect yourself or others from harm, self-defense could be a valid justification for your actions. - Violation of Rights
If law enforcement violated your constitutional rights during the investigation, such as conducting an illegal search or failing to provide Miranda warnings, it may result in the suppression of evidence or dismissal of charges.
Each case is unique, making it essential to consult an experienced criminal lawyer to develop a defense strategy tailored to your situation.
Why Timely Action Matters in Domestic Violence Cases
If you are accused of a crime involving domestic violence, acting quickly is crucial. Building a strong defense requires gathering evidence, interviewing witnesses, and challenging the prosecution’s case—all of which take time. Waiting too long to address the allegations may limit your legal options and weaken your case.
Additionally, victims of domestic violence should be aware of the statute of limitations to ensure they take timely action to seek justice and protection.
Contact a Colorado Criminal Lawyer
Domestic violence charges can be challenging without the right legal support. Whether you are facing accusations or seeking protection, Baker Law Group, PLLC is here to help. Our team understands the intricacies of Colorado’s domestic violence laws and can guide you through every step of the legal process.
Contact Baker Law Group today to schedule a consultation and discuss your case. Together, we can protect your rights and work toward the best possible outcome.
