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Domestic violence charges can have profound and far-reaching consequences, particularly when it comes to child custody cases in Colorado. The safety and well-being of children are paramount in custody decisions, and any history of domestic violence can significantly impact the outcome.

This blog post will explore how domestic violence charges affect child custody in Colorado, the legal standards applied by the courts, and what parents can expect during these proceedings.

Understanding Domestic Violence in Denver

In our state, domestic violence is defined broadly and includes physical violence, threats, intimidation, and other forms of abuse between individuals in an intimate relationship. “Intimate relationship” encompasses spouses, former spouses, cohabitants, and individuals who share a child.

Conviction for Colorado domestic violence can lead to criminal penalties, restraining orders, and other legal consequences above and beyond what someone would receive for a charge that did not involve domestic violence.

Legal Standards for Colorado Child Custody

When determining child custody, Colorado courts prioritize the best interests of the child. This standard involves evaluating various factors, including the child’s emotional, physical, and psychological needs.

Domestic violence is a critical factor in this evaluation process. The court considers the safety and well-being of the child as paramount and will take any history of domestic violence very seriously.

Impact of Denver Domestic Violence Charges on Child Custody

In cases involving domestic violence, there is a strong presumption against awarding custody to the abusive parent. Colorado law generally considers it not in the best interests of the child to be placed with a parent who has a history of violence. This often results in the abusive parent receiving limited or supervised visitation.

If the court determines that contact with the abusive parent is still in the child’s best interests, it may order supervised visitation. This means the parent can only visit the child in the presence of a third party, such as a professional supervisor or a trusted family member, to ensure the child’s safety while maintaining some level of contact

Domestic violence charges can also affect a parent’s decision-making authority. In Colorado, this refers to the right to make important decisions about the child’s life, including education, health care, and religious upbringing. A parent with a history of domestic violence may be denied decision-making authority, or the court may impose strict guidelines for joint decision-making to protect the child’s interests.

Restraining orders, often issued in domestic violence cases, can directly impact child custody arrangements. They can restrict the abusive parent’s access to the child and the other parent. The court takes these orders into account when making custody and visitation decisions, again prioritizing the child’s safety.

Colorado Domestic Violence Cases: Legal Process and Considerations

In custody cases involving domestic violence, evidence plays a crucial role. This can include police reports, medical records, witness statements, and any other documentation that supports the claims of abuse. Both parents should be prepared to present evidence to the court to support their position.

Additionally, the court may order evaluations by professionals, such as psychologists or social workers, to assess the family dynamics and the impact of domestic violence on the child. These evaluations can provide valuable insights and recommendations to the court.

As you might imagine, navigating a child custody case involving domestic violence can be complex and emotionally charged. It is essential for both parents to seek experienced legal representation. An attorney can help present a compelling case, protect your rights, and advocate for your child’s best interests.

Steps to Protect Your Rights and Your Child’s Wellbeing

1. Obtain Legal Advice

If you are involved in a child custody case with domestic violence allegations, seek legal advice immediately. An experienced family law attorney can guide you through the process, help gather necessary evidence, and represent your interests in court.

2. Document Everything

Keep detailed records of all alleged incidents of domestic violence, including dates, times, and descriptions of events. This documentation can be crucial in court proceedings.

Additionally, if you are seeking counseling or otherwise getting treatment to prevent any future issues, it is incredibly important to make sure your attorney and the court are aware and that you have thorough documentation available.

3. Follow Court Orders

Comply with all court orders, including visitation schedules and restraining orders. Failure to do so can negatively impact your custody case and harm your credibility in the eyes of the court.

About the Author:

Denver-based criminal defense and DUI attorney Jacob E. Martinez is a knowledgeable and experienced litigator with a record of success providing innovative solutions to clients facing criminal charges of any severity. Countless legal organizations have recognized Mr. Martinez for his exemplary defense work, including Avvo, Best DWI Attorneys, Expertise, Lawyers of Distinction, The National Trial Lawyers, and others. He was also named one of the 10 Best in Client Satisfaction in Colorado by the American Institute of Criminal Law Attorneys and is Lead Counsel rated.