Survivors of intimate partner violence have a variety of legal remedies potentially available to them. Most of these are state specific, although there are a handful of federal remedies as well. Today, we’ll discuss a few key options in Colorado.
Civil Protection Orders
In Colorado, victims of “domestic abuse” can apply for a civil protection order. Colorado’s statute defines “domestic abuse” as acts or threatened acts of violence, stalking, harassment, or coercion. Victims need not report the crimes or abuses to the police to get a civil protection order.
To qualify, the abuser must have been a relative or former relative, a spouse or ex-spouse, the parent of the victim’s child, a current or former intimate partner, or someone with whom the victim lived. C.R.S. § 13-14-101(2).
Protection orders can be issued on an emergency basis, and the court can grant a temporary protection order or a permanent protection order. C.R.S. § 13-14-103, 104.5, 106. A victim can ask for a temporary protection order when she or he is in imminent danger. A temporary protection order can be continued for up to a year on the consent of the parties. To get a permanent protection order, the court must find that the abuser will keep victimizing the other party if there is no permanent protection order. As part of a protection order, a victim can ask for custody of children for up to a year, to exclude the abuser for the home, and for custody of pets, among other things.
Custody ("Allocation of Parental Responsibilities”)
If you have a child or children, you can sue for custody of them. In Colorado, courts refer to custody and visitation as “allocation of parental responsibilities.” This includes decisions about how much parenting time each parent has with a child as well as how legal responsibilities, or decision-making responsibilities, are divided. Decision-making responsibilities might include, for instance, who makes decisions regarding a child’s education, religion, or medical needs. Courts can split these responsibilities or allocate them to one person. Ultimately, courts make their determinations based on what is in the best interests of the child.
Notably, Colorado law states that when there has been a claim of domestic violence, child abuse or neglect, or sexual assault, the court must consider, among other things, “[w]hether one of the parties has committed an act of domestic violence, has engaged in a pattern of domestic violence, or has a history of domestic violence . . .” C.R.S. § 14-10-124(4)(a). That statute goes on to state that if the court finds, by a preponderance of the evidence that domestic violence occurred, the court must find that it is not in “the best interests of the child to allocate mutual decision-making responsibility over the objection of the other party or the legal representative of the child, unless the court finds that there is credible evidence of the ability of the parties to make decisions cooperatively . . . .[and] in a manner that is sage for the abused party and the child . . . .”
Colorado Crime Victim Rights
If you were abused and police and prosecutors are involved, you have rights under Colorado’s Victim Rights Act. According to Colorado’s Division of Criminal Justice, Colorado’s Crime Victim Rights Act “ensures that crime victims are treated with fairness, respect, dignity and that they are free from intimidation, harassment, and abuse.” C.R.S. § 24-4.1-302.5. It also helps to ensure victims are informed of critical stages of cases and can be present at some of those stages. Victims can enforce compliance with the provisions of the Crime Victim Rights Act by filing a complaint with the Crime Victim Services Advisory Board.
Crime Victim Compensation
Some crime victims are entitled to victim compensation in Colorado. To be eligible, you or your family must be victims of a violent crime in Colorado. Victims and family members who are residents of Colorado but who were victimized in a state or country that does not have a victim compensation program are also eligible.
Further, according to Colorado’s Division of Criminal Justice, victims and their families must meet the following criteria:
- “The victim sustains mental or bodily injury, dies, or suffers property damage to locks, windows, or doors to residential property as a result of the crime.
- The victim cooperates with law enforcement officials.
- The police were notified within 72 hours after the crime occurred.
- The injury or death of the victim was not the result of the victim’s own wrongdoing or substantial provocation.
- The victimization occurred on or after July 1, 1982.
- The application for compensation was submitted within one year from the date of the crime or within six months for property damage claims.These requirements can be waived for good cause or in the interest of justice.
Additionally, victims can be compensated for losses like medical expenses, mental health expenses, lost wages, loss of support to dependents, certain residential property damages, and burial expenses.
Civil Lawsuits
Survivors can also file a civil lawsuit, usually asserting tort claims, seeking damages, or money, from the abuser. Again, a criminal case does not need to be pending for a victim to prevail in a civil suit, and the burden of proof in civil cases is lower than the burden of proof in criminal cases.
Victims can assert claims involving wrongful death, assault and battery, emotional distress, sexual abuse, and stalking. They can bring intentional tort claims (where someone intentionally harms another person) and/or negligent tort claims (where someone fails to perform a duty of care and that negligence causes or contributes to the victim’s injury). Moreover, and especially with negligent tort claims, victims can seek to hold third parties—for instance, hotel owners or landlords—liable.
In civil lawsuits, victims can seek compensatory damages (medical bills, lost wages, pain and suffering, etc.) and sometimes punitive damages (which are intended to punish a wrongdoer). Notably, Colorado has a statutory cap on noneconomic damages (such as pain and suffering). C.R.S. § 13-21-102.5(3) (the cap ranges from $250,000 to $500,000, depending on the court’s findings).
Digital Abuse (“Revenge Porn”)
In Colorado, victims of intimate partner violence who are also victims of “revenge porn” have civil remedies available under the Unauthorized Disclosure of Intimate Images Act. C.R.S. § 13-21-1406.
Successful victims can recover (1) the greater of economic or noneconomic damages caused by the abuser’s disclosures or threatened disclosures or $10,000 against each defendant, (2) an amount equal to the monetary gain made by the abuser because of the disclosure, and (3) punitive damages. Victims can also recover attorneys’ fees and costs and injunctive relief.
We’ll dive into the nuances of this law and other forms of relief for victims of digital abuse more in later posts!