A person perusing this blog can read about the legal consequences that a domestic violence related conviction holds in Colorado. These are many and varied. Restrictions from entering a shared home, surrender of personal firearms, and prohibitions from contact with a significant other are just some of these. However, a person accused of a crime involving domestic violence should also consider the ramifications beyond the legal ones.
An initial consideration is the reputational damage a person suffers when he or she has been convicted of domestic violence. There is a severe and negative stigma associated with this crime. Individuals who have this conviction on their records incur lost relationships with both family and friends, and their reputations within communities are severely damaged.
Getting a job with a domestic violence record can be problematic. Colorado does not permit employers to inquire about an applicant’s criminal history on any initial application.[i] However, state law does permit an employer to make a criminal history inquiry if a candidate advances in the hiring process. Colorado permits a background check on prospective new employees that looks back seven years. This includes any records of arrest, indictments, or criminal convictions – including domestic violence.[ii]
Colorado residents may also incur difficulties obtaining credit from financial institutions with domestic violence on one’s record. Banks and lending agencies are permitted to look back, again, for a seven year period at one’s criminal history before deciding whether to approve someone for a loan or credit card.[iii]
Similar liabilities that affect potential employment applications and credit also hold true for housing. A person seeking to rent an apartment or housing in Colorado may be subject to a criminal history background check that can look back five years.[iv] Obviously, a domestic violence related conviction and the stigma attached to that can influence a landlord on whether or not to rent to a person.
Colorado courts are permitted under law to take into consideration domestic violence when determining child custody (both physical and decision-making) and visitation. The paramount concern of judges when deciding these issues is the best interests of the child. A conviction for domestic violence obviously is a concern for a judge when determining who should have physical custody of a child or the ability to make decisions over a minor’s welfare. Therefore, a court can order that contact be limited or visitation be supervised if one party has a domestic violence record.[v]
It is important to remember that in Colorado a domestic violence conviction cannot be sealed or expunged from one’s criminal history.[vi] A person should remember this when charged with the offense and is contemplating the life-altering consequences outlined above.
Contact Mile High Legal for assistance if you are facing domestic violence related charges and are seeking the best help possible to avoid these possible negative outcomes.
[i] § 8-2-130(3), C.R.S.
[ii] § 5-18-109(1)(e), C.R.S.
[iii] Id.
[iv] § 38-12-904(1)(b), C.R.S.
[v] § 14-10-124(1.6), C.R.S.
[vi] § 24-72-406(2)(a)(VI)(E), C.R.S. Note – the law prohibiting sealing or expunging of domestic violence related convictions does not apply to those cases which were completed in municipal court.
