DENVER – Right now, domestic violence survivors 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 gives victims the same protections and rights as the Colorado Victim Rights Act, which currently does not apply in municipal courts.
The ordinances should also create additional bail standards for domestic violence defendants and require courts to report domestic violence cases to certain databases.
A district attorney’s office can prosecute 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 who is a victim of a domestic violence crime should be treated the same across the state,” said Soledad Diaz, public policy director for Violence Free Colorado. “And sometimes that treatment is different depending on where your case ends up.”
Violence Free Colorado worked with state lawmakers last session to codify protections for victims in municipal court. HB23-1222 passed and goes into effect in January.
“Because they have access to all the rights that the Victims Rights Act provides, they have access to home safety measures,” she said. “They have access to therapy. They have access to counselling. ”
Diaz advocated for protecting victims’ rights and improving communication between municipal and district courts in Colorado. She said that before this law, an abuser could be treated as a first-time offender because courts may not know about previous acts of violence in other Colorado cities.
“You’re going to know if somebody keeps coming into your court with domestic violence incidents,” she said.
The Denver District Attorney’s Office prosecutes about 2,000 domestic violence cases each year. A proposed ordinance would ensure that the city follows the requirements of the new law and allow the City Attorney’s Office to continue to handle these cases. The Denver City Council’s Safety Committee will vote on the proposed ordinance on Wednesday.
The new law also requires domestic violence suspects to surrender any firearms while the case is pending. In 2022, 86% of domestic violence deaths were from gunshot wounds.