Legal Question in Criminal Law in Colorado

Re: domestic violence

The court doesn't prove it, opposing counsel does. The charge of harassment requires intent to annoy, harass or alarm. The charge of third degree assault does not require this specific intent. The intent you mention is specific to the classification of domestic violence. You cannot be found guilty of domestic violence alone. And yes, in order to find harassment OR assault was commited as an act of domestic violence, it has to be as a a method of coercion, control, punishment, intimidation, or revenge. However, until the law is fixed, DV need not be proven to a jury or Beyond a reasonable doubt. Thank your state legislators for that.

Re: domestic violence

No. If a man slaps his wife around merely because it makes him feel happy, or because his courage requires a target that doesn't slap back, or for any reason, including the ones you mention, that is charged as a domestic violence crime.

The domestic violence tag is added to any act, or threatened act, of violence to the body of your lover or ex-lover.

The factors you mention must be proved as an underlying motivation for a crime against a person or property directed against your lover that does not involve violence or threatened violence to their person. An example would be putting your foot through the TV while your husband is watching his favorite soap, just to get his attention.