Domestic Violence and Spousal Abuse in Colorado Family Law Cases

Being in an abusive situation is very dangerous and also very difficult. If you are involved in a situation where there is domestic violence and need to leave your partner, please contact an experienced family law attorney for help right away.

What is domestic violence in Colorado?
In Colorado, the definition of domestic violence is very broad. You don't have to be married to your partner, for example, to make a domestic violence charge against them.  You do, however, have to be in an intimate relationship.

Domestic violence includes more than just physical violence--verbal and emotional abuse and sexual violence are all considered forms of domestic violence, too. This also includes crimes against you or your property--pets included--that are used to punish, intimidate, control, coerce or seek revenge against you.

Protecting yourself and your children
Divorce is often a very stressful time in someone's life, and when there are safety concerns, it can become even more difficult to weather. When dealing with a potentially violent partner or spouse, divorce can add layers of stress, anxiety, and fear into an already-unsettling situation. Knowing how you can protect yourself and protect your children from physiological or physical abuse will be of the utmost importance. You must know your options when faced with a violent partner or one you fear may become that way.

If you feel your partner is capable of any violence toward your children, yourself, or even your family pets, you have to do what is needed to ensure everyone is safe during the divorce or custody case. Contact the local police and go to a friend, family member, or a domestic shelter immediately if you feel you are in imminent danger. If you think your partner is capable of violence but you and your children are not in immediate danger, you still must find a place to live where your spouse will not be able to access you or your family.

You may want to consider getting restraining order against your partner to keep yourself and your children safe.If you think you must send your children out of the state to other family members to keep them safe in this situation, speak to an attorney about what legal steps you need to take next to make this happen.

Domestic violence and custody
If your partner or spouse has committed an act of domestic violence against you, the court must consider that when deciding custody matters. However, the court will consider the nature of the charges, whether the abusive parent has sought counseling, the relationship between the child and the perpetrator parent, and other factors that may come into play when determining what will be in your child's best interests. The best interests of your child are the standard by which the court makes decisions in custody cases.

A parent may still receive some parenting time with the child, even if they have been alleged or found to have committed domestic violence acts. The court generally finds it in the child's best interest to spend time with both parents, so unless there is serious abuse involved, the spouse committing the acts will likely still have parenting time. However, this can be restricted if it is in the child's best interests or if the child is endangered. For example, the court may order that the perpetrator parent's parenting time occur under the supervision of a professional trained to handle this situation. The child, the perpetrator parent, or both may have to undergo counseling.

If you were abused by your spouse and object to your partner receiving decision-making authority over your child, the court would likely allow you to be the sole parent responsible for decision making. It is important to note that you have to present credible evidence of the abuse to the court to become a factor in custody decisions, including parenting time and the ability to make important decisions for your child, such as medical and school choices.

You should have records that pertain to what happened to you, including records from the police. If you were afraid to contact the police because of what your spouse may do, you are not alone. In this case, you might have medical records of injuries related to the abuse. Reports from anyone who witnessed your spouse or partner's abusive behavior, such as friends or neighbors, can also help your case.

Do not suffer in silence any longer. An abusive spouse or partner can make your life incredibly painful and difficult and pose a risk of real harm to you, your children, and other loved ones. You can get help, and you deserve better. An attorney who can protect your family in criminal cases and family law matters is a key ally in cases that involve domestic violence. Call Colorado divorce attorney Mitch Geller for a telephone consultation at 720-696-7897.