According to Colorado law, domestic violence is not a separate crime but an add-on charge to any other crime. Domestic violence is an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. Domestic violence also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, 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.
Once the designation of domestic violence has attached to your case, it cannot be removed unless the prosecutor makes a good faith representation that he would be unable to prove the existence of domestic violence if you were brought to trial on the original offense.
In many cases, the alleged victim may say that they do not want to prosecute a case and may seek to reconcile with the defendant even though the Court has imposed a restraining order. Unfortunately, the alleged victim has no absolute right to demand that a domestic violence case be dropped. The prosecution may proceed with the case regardless of the alleged victim’s wishes and simply “let the courts decide” whether or not you are guilty.