In Colorado, the law calls domestic violence classes a domestic violence treatment program. In most cases they are not optional. When a court finds on the record that the facts of a crime included an act of domestic violence, Colorado law requires the court to order a treatment evaluation and a treatment program that meet standards set by the state’s Domestic Violence Offender Management Board. No statute sets a fixed number of hours or weeks. The evaluation and the board’s standards decide the length of treatment, and the person pays for it on a sliding fee scale. Missing treatment can lead to revocation of probation or of a deferred judgment.
Key Takeaways
- A court that finds a crime involved domestic violence must order a treatment evaluation and a treatment program. This rule does not apply to people sentenced to prison.
- “Domestic violence” covers violence or threats against a current or former intimate partner, and other crimes used to control, punish, intimidate, or take revenge on that partner.
- Treatment must come from a provider on the Domestic Violence Offender Management Board’s approved list.
- Colorado statutes set no minimum number of hours or sessions. Length depends on the evaluation and the board’s standards.
- The person pays for the evaluation and treatment on a sliding fee basis.
- Missing required treatment can lead to probation revocation or to the loss of a deferred judgment.
What Colorado Law Provides
- Treatment is required after a domestic violence finding. Under C.R.S. 18-6-801(1)(a), a person convicted of a crime whose underlying facts the court finds on the record to include an act of domestic violence “shall be ordered to complete a treatment program and a treatment evaluation that conform with the standards adopted by the domestic violence offender management board.” The court may also order treatment in any other appropriate case (18-6-801(1)(c)).
- What counts as domestic violence. C.R.S. 18-6-800.3 defines it as “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship,” plus other crimes against a person or property, including an animal, used as a method of coercion, control, punishment, intimidation, or revenge against that person. An intimate relationship means spouses, former spouses, past or present unmarried couples, or people who are both parents of the same child.
- The board sets the standards. C.R.S. 16-11.8-103(4)(a) directs the Domestic Violence Offender Management Board to adopt the standards for treatment evaluations and treatment programs and to publish a list of approved providers.
- Only approved providers count. Under C.R.S. 16-11.8-104(1), a domestic violence offender may not use a provider for treatment evaluation or treatment services unless the provider is on the board’s approved list.
- The person pays. Under C.R.S. 18-6-802.5, the person pays for the evaluation and treatment “on a sliding fee basis.”
- Probation conditions. C.R.S. 18-1.3-204(2)(b) and (2)(c)(III) add required conditions in domestic violence cases, including that court-ordered treatment be with a board-approved provider.
Overview of Domestic Violence Laws in Colorado
Colorado does not treat domestic violence as one separate crime. It is a finding attached to an underlying crime. Under C.R.S. 18-6-800.3, the finding applies to acts or threats of violence against a current or former intimate partner, and to other crimes against a person or property when used to control, punish, intimidate, or take revenge on that partner.
The sentence depends on the underlying crime. A misdemeanor is sentenced as a misdemeanor and a felony as a felony. The domestic violence statute adds one enhancement of its own. Under C.R.S. 18-6-801(7)(a), a misdemeanor that includes an act of domestic violence becomes a class 5 felony if the person has three or more prior convictions for offenses that included an act of domestic violence, each separately brought and tried and arising from separate criminal episodes. Prior federal, state, and municipal convictions count (18-6-801(7)(b)). A class 5 felony committed on or after July 1, 2020 carries 1 to 3 years in prison under C.R.S. 18-1.3-401(1)(a)(V.5)(A).
Colorado also limits plea bargaining in these cases. Under 18-6-801(3), a person charged with a crime involving domestic violence may not plead guilty to an offense without the domestic violence designation unless the prosecutor states on the record that the prosecution could not establish a prima facie case of an intimate relationship, and the court makes that finding.
Other rules apply at sentencing. Before granting probation, the court must consider the safety of the victim and the victim’s children (18-6-801(5)). Home detention may not be served in the victim’s home (18-6-801(4)). On probation, the person must comply with existing family support orders, custody and parenting time orders, and any protection order, and must not possess a firearm except in narrow employment situations the court approves (18-1.3-204(2)(b)).
Who Must Complete Domestic Violence Treatment
Domestic violence treatment is not something a person qualifies for. It is a requirement that follows a domestic violence finding. The statutes contain no age requirement and no Colorado residency requirement for treatment.
| Situation | What Colorado Law Requires |
|---|---|
| Conviction with a domestic violence finding | The court must order a treatment evaluation and a treatment program (18-6-801(1)(a)) |
| Evaluation before sentencing | The court may order one if it would help decide the sentence; the person pays for it (18-6-801(1)(b)) |
| Deferred judgment | The stipulation must include the domestic violence probation conditions (18-1.3-102(2)), and board programs apply to people on deferred judgments (16-11.8-103(4)(a)(II)) |
| Pretrial diversion in a state-funded program | The person must first complete a domestic violence treatment evaluation by an approved provider (18-1.3-101(5)) |
| Sentence to the Department of Corrections | The treatment requirement in 18-6-801(1) does not apply (18-6-801(2)) |
| Probation transferred to another state | The person follows the other state's requirements (18-6-801(1)(a)) |
If an approved provider’s intake evaluation shows that a treatment program would be inappropriate, the person is referred back to the court for a different disposition (18-6-801(1)(a)). The pretrial diversion rule is in C.R.S. 18-1.3-101(5), and the deferred judgment rule is in C.R.S. 18-1.3-102(2).
Types of Domestic Violence Classes Offered
Court-ordered domestic violence treatment and voluntary counseling are different things under Colorado law. Only treatment from a board-approved provider that meets the board’s standards satisfies a court order.
Court-Mandated Programs
The board’s standards govern court-ordered treatment. Under C.R.S. 16-11.8-103(4)(a)(II), the programs must be “as flexible as possible” and must provide “a continuing monitoring process as well as a continuum of treatment programs for each offender.” The statute says the programs “may include, but shall not be limited to, group counseling, individual counseling, outpatient treatment, or treatment in a therapeutic community.” That means treatment may take the form of:
- Group counseling
- Individual counseling
- Outpatient treatment
- Treatment in a therapeutic community
An anger management class from a provider who is not on the board’s approved list does not satisfy a domestic violence treatment order (16-11.8-104(1)).
Alcohol or drug treatment is a separate condition. If the court orders it as a condition of probation, it must be with a provider approved by the Behavioral Health Administration unless the court specifically finds otherwise (18-1.3-204(2)(c)(I)).
Voluntary Counseling Options
Anyone may seek counseling on their own. Voluntary counseling does not replace court-ordered treatment. If a court orders domestic violence treatment, the treatment must come from a provider on the board’s approved list (C.R.S. 16-11.8-104(1)). A person with a pending case should talk to a lawyer before starting any counseling connected to the case.
Duration and Structure of Classes
Colorado statutes do not set a minimum number of hours, weeks, or sessions for domestic violence treatment. The board adopts the standards, and the evaluation recommends treatment for the particular person. The law directs the board to develop methods of intervention “appropriate to the needs of the particular offender, so long as there is no reduction in the level of safety of victims and potential victims” (16-11.8-103(4)(a)(I)).
Class Length Requirements
No statute sets a single required length. How long treatment lasts depends on the treatment evaluation and the board’s standards. Colorado law defines a treatment evaluation as “a determination of treatment amenability as recommended by a domestic violence evaluator approved by the domestic violence offender management board” (C.R.S. 16-11.8-102(5)). Ask the provider for the expected length and requirements in writing before starting.
Session Frequency Guidelines
Colorado statutes do not set how often sessions meet or how long each session lasts. Those details come from the board’s standards and the approved provider. The provider should explain the schedule at intake.
Curriculum Content Overview
The statutes do not prescribe a curriculum. They require the board to adopt standards for evaluation and treatment, and they direct the board to develop methods of intervention that “have as a priority the physical and psychological safety of victims and potential victims” (16-11.8-103(4)(a)(I)). Under 16-11.8-102(4), treatment “means counseling, monitoring, and supervision of any domestic violence offender that conforms to the standards created by the board pursuant to section 16-11.8-103.”
Reporting and Compliance Requirements
Treatment is supervised. Colorado law defines treatment to include monitoring and supervision, and several people track a participant’s progress.
| Who | What Colorado Law Requires |
|---|---|
| Treatment provider | Must be on the board's approved list (16-11.8-104(1)) and must collect data under the board's data collection plan (16-11.8-103(4)(a)(IV)) |
| Domestic Violence Offender Management Board | Develops a system for monitoring offender behavior and adherence to prescribed behavioral changes (16-11.8-103(4)(a)(IV)); publishes the approved provider list at least once a year and reviews at least ten percent of providers every two years (16-11.8-103(4)(a)(III)(C), (D)) |
| Probation officer | Keeps informed about the conduct and condition of each person on probation and reports to the court (16-11-209(1)) |
The probation officer’s duties are in C.R.S. 16-11-209(1).
Consequences of Non-Compliance With Class Requirements
Failing to complete required treatment is handled through the criminal case. The main consequences are:
- Probation revocation: Treatment ordered as a condition of probation is a condition the person must meet. At a revocation hearing there is no jury, and the prosecution must prove the violation by a preponderance of the evidence; a violation that is itself a new crime must be proven beyond a reasonable doubt unless the person has already been convicted of it (C.R.S. 16-11-206(1), (3)). If the court revokes probation, it “may then impose any sentence or grant any probation pursuant to the provisions of this part 2 which might originally have been imposed or granted” (16-11-206(5)).
- Loss of a deferred judgment: If a person breaches a condition of a deferred judgment, “the court shall enter judgment and impose sentence upon the guilty plea,” except in limited situations for drug offenses (18-1.3-102(2)). A case that would have been dismissed becomes a conviction. The breach is decided by the court by a preponderance of the evidence.
- Arrest warrant: A judge may issue a warrant for the arrest of a person on a deferred judgment when there is probable cause to believe a condition has been violated and arrest is reasonably necessary (18-1.3-102(4)).
Firearm restrictions come from the conviction itself, not from missing treatment. When the court finds the conviction involved a misdemeanor crime of domestic violence, or a domestic violence crime punishable by more than one year, it must order the person not to possess or buy firearms or ammunition until the sentence is satisfied and to give up any firearms within twenty-four hours after sentencing, not counting weekends and legal holidays (18-6-801(8)(a), (b)). Failing to appear at the compliance hearing is contempt of court (18-6-801(8)(e)(I)). Federal law separately makes it unlawful for a person “who has been convicted in any court of a misdemeanor crime of domestic violence” to possess a firearm or ammunition (18 U.S.C. 922(g)(9)).
Frequently Asked Questions
Are Domestic Violence Classes Confidential in Colorado?
Do not assume that what is said in treatment stays private from the court. Colorado law defines treatment as “counseling, monitoring, and supervision” (16-11.8-102(4)). The board requires approved providers to collect data and monitors each participant’s adherence to treatment (16-11.8-103(4)(a)(IV)), and probation officers report a probationer’s conduct to the court (16-11-209(1)). Ask the provider for its written confidentiality policy and what it reports. Talk to your lawyer before discussing the facts of a pending case with anyone, including a treatment provider.
Can I Choose My Own Domestic Violence Class Provider?
The choice is limited to providers on the board’s approved list. A domestic violence offender may not use a provider for treatment evaluation or treatment unless the provider is on that list (16-11.8-104(1)). When treatment is a condition of probation, the court must order it with a board-approved provider unless the court makes a specific finding that treatment elsewhere is warranted (18-1.3-204(2)(c)(III)). The board publishes the approved list at least once a year (16-11.8-103(4)(a)(III)(C)).
Are There Fees Associated With Domestic Violence Classes?
Yes. The person pays for the evaluation and treatment on a sliding fee basis set by the board’s standards (18-6-802.5). If the court orders an evaluation before sentencing, the person pays for that evaluation (18-6-801(1)(b)). Ask the provider for its fee schedule before enrolling.
What Happens if I Miss a Class Session?
Attendance and make-up rules come from the provider and the board’s standards, not from a statute. A person who misses required treatment risks a finding that they violated a condition of probation or of a deferred judgment. The possible consequences are described above: probation revocation under 16-11-206, or entry of judgment and sentence on a deferred judgment under 18-1.3-102(2).
Do These Classes Affect My Criminal Record?
Completing classes does not by itself remove a conviction. What happens to the record depends on how the case ends:
- Deferred judgment completed: When the person fully complies, the guilty plea is withdrawn and the charge is dismissed with prejudice (18-1.3-102(2)). The court must then order the records sealed on its own motion (24-72-705(1)(a)(IV)).
- Diversion completed or case dismissed: The court must order the records sealed on its own motion (C.R.S. 24-72-705(1)(a)). Because domestic violence crimes are on the victim rights list in C.R.S. 24-4.1-302(1), the district attorney gets the chance to tell the victim the record will be sealed. If the victim objects, the court sets a return date no later than thirty-five days after the motion; if there is no objection within thirty-five days after the motion is filed, the court grants it (24-72-705(1)(d)).
- Conviction: A conviction whose underlying facts involve domestic violence is generally excluded from Colorado’s conviction sealing statute (C.R.S. 24-72-706(2)(a)(VI)(E)). A misdemeanor or petty offense can still be sealed if the district attorney consents, or if the court finds by clear and convincing evidence that the person’s need for sealing is significant and substantial, that enough time has passed that the person is no longer a threat to public safety, and that public disclosure is no longer necessary (24-72-706(2)(b)).
Colorado calls this process sealing. Talk to a lawyer about whether and when a particular record can be sealed.