Quote Originally Posted by davsel View Post
As explained to me, any form of perceived intimidation falls under the definition of Domestic Violence. If your partner wants to leave the room and you stand in the doorway to block their exit, it can apply. If your partner attempts to remove them-self from an argument by locking a door and you open it, it can apply. If your partner picks up a phone to make a call and you hang it up, it can apply. If you break anything belonging to your partner in anger, it can apply. If you make any statement to your partner that can be "perceived" as a threat, it can apply. If you put your fist through a wall when your wife admits to having an affair, it most certainly does apply - got me a PRO.
Ugh. Once again, let's talk statute. If you are arrested, you needed to have violated a statute, not a list, not a compiling of thoughts or beliefs.

1). If your partner wants to leave the room and you stand in the doorway to block their exit, it can apply. C.R.S. 18-3-303 False Imprisonment may apply.

2). If your partner attempts to remove them-self from an argument by locking a door and you open it, it can apply. I can't find an appropriate statute to apply to this, which is why I asked you for one.

3). If your partner picks up a phone to make a call and you hang it up, it can apply. C.R.S. 18-9-309 Telecommunications Crime may apply. Some jurisdictions charge 18-9-302 Wiretapping, which could be charged as a felony.

4). If you break anything belonging to your partner in anger, it can apply. C.R.S. 18-4-501 Criminal Mischief will apply.

5). If you make any statement to your partner that can be "perceived" as a threat, it can apply. C.R.S. 18-9-111 Harassment may apply, depending upon the specificity of the statements.

6). If you put your fist through a wall when your wife admits to having an affair, it most certainly does apply. C.R.S. 18-4-501 Criminal Mischief may apply; however, there is the Patrick Waugh defense on this part. If one is to destroy their own property, it isn't considered an act of DV under this statute. It might be charged under a different statute. And let me say, I have personal knowledge to this defense.

It doesn't take much to get a Temporary Restraining Order, nor does it take much more to get a Permanent Restraining Order, especially if the served person doesn't fight it.

So, you can see that it is a VIOLATION of statute that applies, not a violation of a list found using Google. When the officer arrests you, it is because he/she has probable cause to believe you have violated a state statute and they will need to articulate that violation in the probable cause statement.