What Are the Penalties for Multiple Domestic Violence Convictions?
A single domestic violence conviction in Colorado can disrupt your life, but repeat offenses come with far more serious consequences. If you are facing your second or third charge, the penalties increase sharply—and prosecutors often pursue the case more aggressively. Understanding what is at stake can help you take the proper steps to protect your future.
What are the penalties for multiple domestic violence convictions? Under Colorado law, the courts treat repeat offenses as evidence of a pattern. A second conviction can lead to harsher sentencing terms, including longer probation, mandatory treatment, and stricter no-contact orders. A third conviction may result in a felony charge, even if the underlying offense would typically be a misdemeanor. If you already have one or more prior domestic violence cases on your record, the risks of another conviction go far beyond fines or a brief jail term.
How Colorado Defines a Domestic Violence Conviction
Before breaking down the penalties for multiple convictions, it helps to understand how Colorado defines domestic violence. The state does not treat domestic violence as a standalone crime. Instead, it acts as a sentencing enhancement added to another offense—usually assault, harassment, or criminal mischief—when the accused and the alleged victim share an intimate relationship. Qualifying relationships include current or former spouses, romantic partners, co-parents, or roommates.
Once prosecutors attach the domestic violence label, the court must consider additional consequences. These may include mandatory counseling, protective orders, and firearm restrictions—even for a first-time offense. Repeat violations escalate both the punishment and the legal classification of the charge.
What Counts As a Prior Conviction Under Colorado Law
Not every past arrest affects your current case, but prosecutors will look closely at your record. Colorado law allows the court to consider any prior conviction that included a domestic violence finding—even if the original charge was reduced as part of a plea deal. This means that a guilty plea to a related charge, like criminal mischief or harassment, may still count as a strike if it was linked to domestic violence.
You may be asking, Can prior convictions be used in court? The answer is, generally, no—prior convictions cannot be used as evidence to prove your guilt at trial. However, the prosecution can use them to question your credibility and seek sentencing enhancements based on prior convictions. When the prosecution establishes a pattern of abuse, the judge can impose enhanced sentencing or approve a felony charge under certain circumstances.
If more than one prior conviction exists, the district attorney may also push for the habitual domestic violence offender designation, which carries even steeper penalties.
Penalties for a First Conviction
The penalties for a first domestic violence conviction in Colorado typically include:
- Up to 12 months in jail (for a class 1 misdemeanor offense),
- A mandatory protection order,
- Completion of a domestic violence treatment program,
- Loss of firearm rights, and
- Probation with close supervision.
Even one conviction can impact employment, housing applications, and custody rights. While some first-time cases qualify for deferred judgment or treatment-based alternatives, that leniency becomes far less likely after another arrest.
Consequences of Multiple Domestic Violence Charges
Facing multiple domestic violence charges triggers enhanced consequences. Colorado law allows courts to impose harsher sentencing with each subsequent conviction. These cases often involve mandatory jail time, more extended probation periods, and greater restrictions on personal freedom.
The penalties for a second or third conviction may include:
- Extended jail or prison terms, even for misdemeanor offenses;
- Increased fines;
- Tighter probation conditions and electronic monitoring;
- Lengthier no-contact orders;
- More intensive domestic violence treatment; and
- Risk of being charged as a habitual domestic violence offender
Judges also tend to show less flexibility once the accused has a documented history of similar offenses. Deferred sentencing or other alternatives may no longer be available. In many cases, repeat convictions entirely remove the option for pretrial diversion. For this reason, it is essential to take these allegations seriously from the moment you learn about them.
Habitual Domestic Violence Offender Status
Colorado law includes a provision that allows the prosecution to label someone a habitual domestic violence offender. This designation is not automatic; the district attorney must prove that you have at least three prior domestic violence convictions. If successful, this label allows the current misdemeanor charge to be elevated to a class 5 felony.
A class 5 felony carries serious consequences, including:
- One to three years in state prison,
- Two years of mandatory parole,
- Felony records that may not be sealed,
- Permanent loss of firearm rights, and
- Barriers to employment and housing.
This enhancement significantly increases the stakes, especially for those facing a minor underlying charge like harassment or criminal mischief. Without effective legal counsel, a fourth arrest could result in a felony record and state prison time. However, an arrest is not the same thing as a conviction, and an experienced attorney can help you develop a compelling defense.
Collateral Consequences Beyond Sentencing
The impact of a domestic violence conviction extends well beyond the courtroom. Employers often conduct background checks and may terminate or refuse to hire individuals with repeat domestic violence charges. A second or third conviction can also interfere with child custody arrangements or lead to supervised visitation.
Federal law prohibits individuals with domestic violence convictions from owning or possessing firearms. In Colorado, these restrictions are enforced strictly. If you face repeat charges, the court may impose extended protection orders that limit contact with family members or restrict your ability to live in shared residences. Even when jail is not part of the sentence, the long-term effects can be lasting and profoundly disruptive to your life.
Are You Facing Repeat Domestic Violence Charges? Do Not Wait to Protect Yourself
When you are dealing with a second, third, or even fourth domestic violence charge in Colorado, the consequences escalate quickly—as does the prosecution’s determination to secure a conviction. At The Law Offices of Susan Deschler, we provide an aggressive, detail-focused defense for individuals facing enhanced penalties and habitual-offender status. A felony record, prison time, and lasting restrictions are not inevitable. Call today to discuss your options and take immediate steps to defend your future.
