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Domestic Violence

How Does Domestic Violence Impact A Colorado Divorce?

Domestic violence is a serious issue that can have a significant impact on divorce proceedings in Colorado. When one spouse has been a victim of domestic violence, it can affect various aspects of the divorce, including child custody, spousal support, and property division. It is essential to understand how domestic violence can impact a divorce case in Colorado and what steps can be taken to protect yourself and your children.

In Colorado, domestic violence is defined by C.R.S. § 18-6-800.3 as any act or threatened act of violence, harassment, or stalking that occurs between people who have been or are currently in a relationship. This includes married couples, domestic partners, and individuals who have dated or lived together. Some examples of behaviors that may constitute domestic violence include physical abuse, emotional abuse, sexual abuse, and financial abuse.

domestic violence impacts the entire family

Domestic Violence And Divorce In Colorado 

Domestic violence can impact Colorado divorce proceedings in several ways. One of the most significant impacts is on child custody. If one spouse has a history of violent behavior, they are less likely to get custody of their children. In some cases, they may only be allowed supervised visits or visits in public places. In extreme cases, the judge may prohibit visitation altogether to ensure the child’s safety.

The division of marital assets is another area where domestic violence can come into play. The court usually considers a spouse’s behavior during the marriage when dividing assets. If one spouse was a victim of domestic violence, they may receive a larger share of the marital assets. This can also apply when domestic violence involved economic or financial abuse. For example, if the abuser prevented the victim from working or caused them to lose their job, the victim may be awarded a greater share of the assets.

Maintenance or spousal support is also affected by domestic violence. If the victim was financially dependent on the abuser, the court may grant higher alimony to ensure the victim’s financial stability following the divorce. The court considers the nature of the domestic violence involved, including economic and financial abuse, when making this determination.

False Accusations Of Domestic Violence

In Colorado, domestic violence charges can result in serious criminal penalties, including jail time, fines, and a criminal record. Additionally, false accusations of domestic violence can result in a restraining order being issued against the accused, which can limit their access to their children and other family members. In some cases, a false accusation of domestic violence can also result in the accused losing their job or being unable to find employment due to damage to their reputation.

If you are falsely accused of domestic violence in Colorado, it is important to take immediate action to protect your rights. Contact an experienced Colorado domestic violence defense attorney who can help you navigate the legal system and defend yourself against false allegations. It is also important to document any evidence that may support your case, such as witness statements, emails, or text messages.

How Does Domestic Violence Affect Child Custody In Colorado?

In Colorado, the courts consider the best interests of the child when determining child custody. If domestic violence has occurred, it can significantly impact the court’s decision regarding child custody. The court may view the abusive behavior as detrimental to the child’s well-being and safety, and as such, the abusive parent may be denied custody or visitation rights. In cases where domestic violence has occurred, the court may also order supervised visitation or require that visitation take place in a public setting to ensure the child’s safety. Ultimately, the court’s decision will be based on what it deems to be in the child’s best interests.

Conclusion

Domestic violence can have a significant impact on a divorce case in Colorado. It is crucial to seek legal help and support if you are a victim of domestic violence. If you are in immediate danger, call 911. Otherwise, contact a domestic violence organization or an experienced family law attorney to help protect your rights and ensure your safety during the divorce process. Remember, you do not have to go through this alone. There is help available to you.

Modern Family Law

Modern Family Law’s team of experienced family lawyers takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. We understand the financial burden a divorce can have on an individual. As such we have created our industry-first SimpleStart™ program, providing people a chance to reduce the amount of money needed upfront to start their case. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Let us make a positive difference in your life.

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By: MFL Team

Posted April 25, 2023

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Domestic Violence

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