Understanding Colorado’s Mandatory DV Counseling for Summit County Offenders
Facing a domestic violence charge in Summit County can have far-reaching consequences. This could include fines, jail time, probation, loss of gun rights, restraining orders, and a mandatory domestic violence treatment program. This 36-week treatment and counseling program is a standard probation requirement for domestic violence offenders in Colorado.
At Whitaker & Penix, LLC, we understand how overwhelming this process can be. Whether you’ve already been convicted or are preparing to defend yourself, it’s essential to understand your rights and responsibilities regarding Summit County mandatory Domestic Violence counseling.
The Legal Foundation: Colorado’s Domestic Violence Counseling Law
Under Colorado law, any crime found to have been committed as an act of domestic violence triggers special sentencing requirements, including mandatory participation in a state-approved domestic violence treatment program.
This includes crimes involving physical violence threats, coercion, intimidation, or harassment against an intimate partner. Courts are required to order an evaluation and impose treatment if domestic violence is found. This mandate applies to misdemeanor offenses and first-time offenders.
What Is the Colorado Domestic Violence Treatment Program?
The treatment program is a structured counseling regimen managed by the Colorado Domestic Violence Offender Management Board (DVOMB). It includes:
- Mandatory Evaluation: Conducted by a state-certified provider.
- Minimum 36 Weeks of Treatment: Weekly group sessions focused on behavior change.
- Individual Progress Plans: Based on risk level and needs assessment.
- No Early Termination: You must complete the full duration unless formally discharged under rare circumstances.
This isn’t a one-size-fits-all curriculum. The program is tailored to each participant’s risk profile, which can affect the length and intensity of treatment.
Summit County Domestic Violence Evaluation Process
Before treatment begins, the offender must undergo a formal evaluation by a certified provider. The purpose of this evaluation is to determine the appropriate level of treatment based on:
- The severity of the offense
- Criminal history
- Mental health status
- Willingness to accept responsibility
This assessment significantly influences your treatment path, and it cannot be skipped, even if you plead guilty to avoid trial.
An experienced Breckenridge domestic violence lawyer can help prepare you for the evaluation, ensure your rights are protected, and challenge improper assessments.
Understanding Domestic Violence Probation and Counseling
In most Summit County domestic violence cases, sentencing includes probation alongside counseling. This is known as Domestic Violence probation, and it typically includes:
- Supervision by a probation officer
- Full compliance with the 36-week counseling program
- Substance abuse testing
- No-contact orders or restricted contact with the victim
- Payment of fines and fees
Probation violations—such as missing treatment sessions or failing drug tests—can lead to jail time, extended supervision, or even felony charges.
Program Costs for DV Offenders
There is no state subsidy for the Colorado DV treatment program. Offenders are responsible for covering all costs, including:
- Evaluation fee: Typically, $200–$400
- Weekly counseling sessions: $25–$50 per session, totaling up to $1,800+ over 36 weeks
- Probation supervision fees
- Urinalysis or breath tests, if required
Failure to pay can result in additional sanctions or delay completion of probation.
What Happens If You Don’t Complete Counseling?
Non-compliance with domestic abuse counseling under Colorado law has serious consequences:
- Probation Revocation: Your case can be re-opened and re-sentenced
- New Criminal Charges: Especially if tied to protection order violations
- Extended Treatment: You may be moved to a higher-risk tier with more intensive sessions
Colorado judges take program compliance seriously. Missing sessions, refusing to participate, or resisting the curriculum can escalate your legal problems.
Can You Challenge or Modify the Mandate?
While the program is mandatory upon a Domestic Violence -related conviction, you may be able to:
- Dispute the DV Designation: Your attorney can argue that the incident does not meet the statutory definition of domestic violence.
- Challenge Evaluation Results: Evaluators must follow specific guidelines. If they misclassify your risk level, you can request a second opinion.
- Request Specific Accommodations: Language barriers, mental health issues, or work conflicts can sometimes justify modifications to the standard program.
These strategies require a thorough understanding of the law and local court practices—this is where skilled legal counsel for Domestic Violence cases becomes invaluable.
How to Navigate the Process Successfully
- Hire an Experienced Local Attorney Our firm knows how Summit County courts interpret and apply Domestic Violence sentencing. We can help reduce charges or seek alternatives early in the process.
- Take the Evaluation Seriously Everything you say will be documented and reviewed. Prepare to discuss your history, behavior, and attitude toward change.
- Comply Fully with Treatment Missed sessions, dismissive attitudes, or conflict with group facilitators can trigger sanctions. Take the program seriously.
- Track All Costs and Paperwork Keep records of payments, session attendance, and probation correspondence to prove compliance.
- Stay Informed and Ask Questions If you’re confused about your obligations, ask your attorney or probation officer. Misunderstandings won’t excuse non-compliance.
What If You’re Falsely Accused?
Not every domestic violence charge is legitimate. False accusations can arise from divorce, custody disputes, or misinterpretations. If you believe the charges are unwarranted:
- Don’t agree to counseling until speaking with a lawyer.
- Preserve all text messages, emails, or witness names.
- Avoid any contact that may violate protection orders.
- Consider hiring a private investigator to support your defense.
Remember: entering the treatment program is a legal admission. Once you begin, contesting the charge becomes more difficult.
Why Choose Whitaker & Penix, LLC
We are based in Breckenridge and understand the unique dynamics of the Summit County justice system. As former prosecutors, Kylie Whitaker and Ehren Penix understand how the system operates, and we use that insight to advocate effectively for our clients.
Our firm helps clients with:
- Fighting unwarranted DV charges
- Challenging DV designations
- Minimizing sentencing exposure
- Navigating DV evaluations
- Managing probation compliance
- Reducing the impact on your criminal record and future
Whether you’re facing a new charge or struggling with probation or counseling requirements, our legal team will fight for your rights.
Speak With an Experienced Domestic Violence Attorney in Summit County
If you’re facing domestic assault charges, you don’t have to go through it alone. We’ll explore your legal options and aggressively protect your future.
Call Whitaker & Penix, LLC today at (970) 368-0602 to schedule a free consultation.