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14. Domestic Violence Program

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12/93

CHAPTER 14

DOMESTIC VIOLENCE PROGRAM

6-14-1:  LEGISLATIVE INTENT
6-14-2:  PRIORITY OF DOMESTIC CASES
6-14-3:  DEFINITIONS
6-14-4:  DOMESTIC VIOLENCE SENTENCING

6-14-1:  LEGISLATIVE INTENT:  (2177)  Based on the research and information received by the City Council, it is evident that acts of domestic violence are frequently part of a continuing and cyclical pattern of controlling behavior within a domestic relationship.  The City Council further concludes that an effective way to protect the public health, safety, and welfare in this regard is to provide that the appropriate City agencies intervene as rapidly as possible, in order to interrupt any existing pattern of violence within a relationship and to stem the reoccurrence of such a cycle at a later date. 

6-14-2:  PRIORITY OF DOMESTIC CASES:  (2177)

(A) Whenever possible, and in a manner consistent with the constitutional protections of the accused, a defendant charged with an offense involving domestic violence shall be brought before the Municipal Court on the morning of the next regularly scheduled court day, in order to address issues, including posting of appropriate bond and the setting of appropriate temporary orders, including temporary restraining orders prohibiting the accused from having any contact, directly or indirectly, with the alleged victim, as well as the witnesses.  In addition, the alleged victim shall, whenever possible, be issued a subpoena to appear at the above-referenced court date, in order that the appropriate court personnel, including a member of the victim advocate's office, may maintain close personal contact with the victim for purposes of further court appearances as well as the provision of victim-support services. 

(B) The Municipal Court shall give matters involving domestic violence the highest priority and shall, in a manner consistent with the constitutional rights of the accused, bring these matters to a conclusion, whether by jury trial, court trial or otherwise, as rapidly as possible. 

6-14-3:  DEFINITIONS:  (2177)  The following words, terms and phrases, when used  in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

“Domestic Violence” shall mean the infliction or threat of infliction of any bodily injury or harmful physical contact, or the destruction of property or threat thereof, as a method of coercion, control, revenge, or punishment upon a person with whom the actor is involved in an intimate relationship.

“Intimate Relationship” shall mean a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of a child, regardless of whether the persons have been married or have lived together at any time.

6-14-4:  DOMESTIC VIOLENCE SENTENCING:   In addition to any sentence that is imposed upon a person for a violation of any criminal law under this Code, any person who is convicted of any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, the court shall make therapeutic intervention a part of its sentence.  The court shall order that the defendant complete a program of domestic violence counseling, unless the court finds on the record that such a program is unwarranted under the specific facts of the case in question.  The court may, at the request of the defendant, order that the defendant complete an evaluation according to the standards promulgated in accordance with Section 18-6-803, C.R.S., prior to sentencing.  If such evaluation recommends treatment, and if the court so finds, the person shall be ordered to complete the treatment program that is certified in accordance with Section 18-6-802, C.R.S. 

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