Domestic Violence – The Battle Between Need for Control and Desire for Happiness

Posted on April 30, 2018

Many people believe that domestic violence is only associated with physical abuse. The reality is different, however. Domestic violence includes physical and mental abuse. In very simple terms, domestic violence happens between two people – one being the victim and the other, the aggressor. While financial factors can contribute to the issue, the foundational causes of domestic violence involve psychological problems. Two main emotional dynamics contribute greatly to domestic violence.

  1. A destructive thought process, also known as critical inner voice, which abusers experience both toward themselves and their partner. These negative thoughts affect them by undermining their positive feelings about themselves and those around them. As a result they experience the need to overpower their close ones.
  2. The other factor involves an unhealthy vision of connection between two people, also called fantasy bond. This mindset convinces people that another person can make them whole and without that person, they cannot experience happiness.

Combined, these two psychological conditions lead to some of the most devastating domestic violence cases. One person feels the need to be in control, mentally and physically, while their partner does not want to leave, because they believe they will never be happy again. In this vicious cycle domestic violence cased can escalate very quickly.

Colorado law, defines domestic violence as “an act or threatened act of violence against a person whom the defendant has an intimate relationship with”. Consequences are serious and can last a long time, depending on the severity of the case. Many of the cases we hear about in the media or from our social circles might be against women. However, there are many cases of domestic violence against men too.

Domestic violence can exist in many different forms

Any act aimed at instilling fear and/or exerting control can be classified as domestic violence. Here are a few common types:

  • Physical and mental abuse
  • Intimidation
  • Coercion
  • Punishment
  • Revenge
  • Sexual abuse
  • Mental abuse
  • Financial abuse

Many crimes start with domestic violence but can escalate to kidnapping, assault, sexual assault, etc. That is why it is very important to act immediately when cases like these are reported.

Domestic Violence Consequence In Colorado

Domestic violence is different from other crimes. Any suspicion of domestic violence or even an allegation can give the police a reason to arrest the aggressor. The purpose of the instant and mandatory arrest in Colorado is to prevent the reoccurrence of the incidents and to offer required protection to the victim.

Once a formal allegation has been made, it might become impossible to take it back, so they should not be taken lightly. A victim will not be able to drop the charges. Moreover, the judge cannot stop the prosecution once the complaint is made. The state can press charges and it is up to the state prosecutor to decide if the case should be taken forward or not.

Domestic Violence Penalties

As mentioned earlier, domestic violence is different from other types of crime. Therefore, the penalty and sentences will be unique. You can expect the following penalties for domestic violence offenders:

  • The aggressor might not be allowed to stay under home detention or house arrest if the home is also the residence of the victim.
  • The aggressor might not be entitled to probation to ensure the safety of the victim and any children who might be involved.
  • In cases with repeated assaults, the aggressor will be charged as a habitual domestic violence offender. This happens when three or more incidents have been recorded. A habitual domestic violence offender will be charged with Class 5 Felony, which in terms can result in 12-36 months in prison. Depending on the severity of the case, jail time can be extended to two to six years.
  • The aggressor will also be required to join a treatment program designed for domestic violence. He/she might be asked to join a domestic violence evaluation.
  • Additionally, the aggressor will not be allowed to purchase or possess ammunition or guns.

Seeking Legal Help

If you think that you are a victim of domestic violence and you want to seek justice, contact Pollart Miller LLC for a consultation on the proceedings, as well as where you might stand in this process. An experienced lawyer can help you understand the process and represent your case in the best possible way.

2018-04-29T20:20:23+00:00