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What elements are needed ie threats, intimidation, ?? to prove domestic violence attached to harassment through text messaging

Denver, CO |

i was arrested for harassment of an estranged girlfriend with a domestic violence attachment in Colorado for multiply texting her.

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Attorney answers 3


I agree with my colleagues, and add that the mere number or frequency of text messages is not necessarily dispositive of harassment. The context, character, tone and implications presented by the text messages are extremely important factors to be considered.


There are a variety of subsections that you could be being charged under. The statute governing harassment is 18-9-111. Sections e, f, g, or h could all apply depending on facts that aren't presented. Some are more likely than others. The most common ones are f and g. They involve making a telephone ring repeatedly with no purpose of legitimate conversation and repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or other property.
While it is good you want to understand the elements of what you are charged with, you should really spend your initial energy and drive in trying to find an experienced criminal defense attorney to help explain everything to you based on YOUR facts rather than speaking in hypotheticals. That attorney will also be able to assess your case and give you advice on trial or plea and help make sure that whichever path you takes ends up with the best possible outcome for you.

There are many good criminal defense attorneys on Avvo. Most of us offer free consultations. Give one or more of us a call and set an appointment to see who you like and can afford.

Good luck and feel free to contact me for any clarification or anything else.


Domestic violence as an enhancer merely requires proof that you committed a crime involving a person that you are or were in an intimate relationship with. Harassment generally requires repeated threats or repeated offensive statements.

What you need to do is to get the discovery file from the District Attorney. This will contain all of the reports and evidence against you. Then, take the file and sit down with an experienced criminal defense attorney to discuss your options. Harassment is a crime that covers a wide variety of activity and it is absolutely necessary to get copies of the police reports in order to determine the actual basis for the charge.

You can reach Harkess & Salter LLC at (303) 531-5380 or Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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