Motion for Immunity under Colorado Make My Day Law: This is somewhat of a specific fact issue. Domestic Violence case, where defendant and the alleged victim (his wife) were separated during a divorce. Defendant moved into a downstairs bedroom in the marital home, and put a lock on the door. Alleged victim attempted to force her way past defendant into this “dwelling”, triggering charges of assault and harassment against Defendant.
While this motion was not successful at the pretrial/immunity stage (the court ruled that, as the parties had no formal lease, the alleged victim has as much standing to be in Defendant’s separate bedroom as the defendant had), ultimately the defendant was acquitted after a jury trial (the jury really seemed to convinced of the Make My Day defense advanced at trial, which is separate form the immunity in the Make My Day law). The immunity issue would have been appealed (based on applicable CO Landlord/Tenant laws) had there been a guilty verdict.