Denver Domestic Violence Lawyer Examines New Colorado Domestic Violence Standards

As a Denver domestic violence lawyer, I have seen several offenders try to seek an easy way out of court-ordered treatment by going to marriage counseling or “going through the motions”, only to become a repeat offender down the road.   In my experience, the state’s approach to treatment of domestic violence offenders is often ineffective and impossible to assess.  That’s why I was originally encouraged when I learned about new standards for court-ordered counseling of domestic violence offenders. 

Under current Colorado domestic violence guidelines, convicted offenders are usually required to undergo a minimum of 36 weeks of treatment.  The new guidelines will make the duration of the program dependent up on the assessment of a Multidisciplinary Treatment Team (MTT).  This team consists of an “approved provider”, the responsible criminal justice agency, and victim’s advocate.  Of these three, a substantial amount of influence will be given to the approved provider, as they will be the only one allowed to make recommendations to the court about the need for continued treatment, the level of treatment required, and the assessment of its success.  One problem with this approach is that the approved provider has a significant financial interest in the continuation of treatment, so their objectivity may be questionable. 

While most Colorado attorneys and victims will welcome a less uniform approach to treatment, empowering the therapist to prolong counseling unnecessarily is indefensible.  In addition to this “team approach” and potentially long course of treatment, domestic violence offenders are no longer allowed to address their marital problems through joint family counseling while they are still undergoing court-ordered domestic violence treatment. 

Finally, a Colorado domestic violence offender will be required to pass certain competency tests in order to successfully end their treatment.  According to the new guidelines, the criteria for demonstrating “competency” include full acceptance of responsibility for their criminal behavior.  While this may sound good on paper, in all my years of working with domestic violence offenders I have never seen a case where the offender doesn’t dispute some aspect of the victim’s story or the criminal allegations made at the time of arrest.  As a result, it may be difficult for offenders to fully “recover” in the eyes of the law if they are reluctant to admit to acts they did not commit. 

If you are being charged with a domestic violence offense and need an attorney, you will want to become familiar with the new Standards for Treatment set forth by the Colorado Domestic Violence Offender Management Board.  Discussing these new developments with a Denver domestic violence lawyer will help you understand how these changes may affect your case, as well as your ability to successfully complete probation.