DENVER — Right now, survivors of domestic violence don't have the same rights if their case ends up in municipal court. A new state law will change that in January.
HB23-1222 requires municipalities that prosecute domestic violence cases to adopt an ordinance that affords protections and rights to victims that are the same as the protections afforded by the Colorado Victim Rights Act, which does not currently apply in municipal courts.
The ordinances should also create additional bond standards for domestic violence defendants and require courts to report domestic violence cases to certain databases.
A district attorney's office can charge someone accused of domestic violence at the state level, but thousands of cases with allegations that aren't as serious are handled by city attorneys.
"Someone that has been a victim of domestic violence crime, they should be treated equally throughout the state," said Soledad Diaz, the Public Policy Director for Violence Free Colorado. "And sometimes that treatment is different depending on where your case lands."
Violence Free Colorado worked with state lawmakers last session to codify protections for victims in municipal court. HB23-1222 passed and takes effect in January.
"Having access to all the rights the Victims Rights Act provides, they can access safety measures for the home," she said. "They have access to therapy. They have access to counseling. "
Diaz supported protecting rights of victims, and improving communication between municipal and district courts in Colorado. She said before this law, a perpetrator could be treated as a first-time offender because courts may not know about prior acts of violence in other cities in Colorado.
"You are going to know when someone is coming over and over with DV incidents to your court," she said.
The City Attorney's Office in Denver prosecutes around 2,000 domestic violence cases every year. A proposed ordinance would ensure the city is following the requirements of the new law and allow the City Attorney's Office to continue handling these cases. The Denver City Council safety committee will vote Wednesday on that proposed ordinance.
The new law also requires domestic violence suspects to relinquish any firearms while the case is pending. In 2022, 86% of domestic violence deaths were from gunshot wounds.
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