The Effect of Domestic Violence on a Divorce in Colorado

Divorce cases are typically difficult for both partners and can have a devastating effect both in terms of finances as well mental and emotional health. However, when there is domestic violence involved, it can have a more grim and serious effect for the involved parties. In many cases, domestic violence is the prime factor that led to the divorce. There can also be instances where domestic violence is merely a part of a longstanding unhealthy relationship that is damaging to the partners in many other ways. Most people are clear on the fact that domestic violence is against the law. However, they may not be aware of how domestic violence may impact the nature of their legal case. If you have been accused of domestic violence or you are a victim of domestic violence yourself, it is important that you get in touch with a domestic violence lawyer Lakewood who can offer you reliable counsel.

Important advice for the domestic violence victims

If you have experiencing domestic violence on a more or less regular basis, it is important that you distance yourself from the perpetrator of such violence and go to a distant place where you are safe. You need to consult a domestic violence lawyer who can help you by creating an order of protection which can prevent the family member or abuser from harming you or trying to contact you. The lawyer can also offer you counseling solutions if you are looking to get a divorce.

There are also a number of other things that you need to consider while getting a divorce in relation to domestic violence. These include child custody and division of property.

Child Custody

If it is established in the court that the divorce proceedings are party or fully influenced by domestic violence, it can greatly impact the determination of child custody in the court. The court always takes into consideration the best interests for the child. Even though usually in case of a divorce both parents can retain custody of the child and share parenting duties and responsibilities, this may vary according to the aspects of a specific case. If there is any domestic violence involved, the court is going to decide against that particular parent having any access to child custody. A convicted parent is never going to have child custody unless he or she can prove to the court that the child will not face any danger from him or her. This can be extremely difficult to achieve and parents who already have got criminal record associated with domestic violence should discuss with their lawyers about what can be done in such cases.

Division of property

Typically when it comes to the division of property in case of a divorce, the court in Colorado usually recommends that the division is carried out in an equal manner. However, multiple factors are needed to be considered here and they may vary from one case to another. Professional lawyers operating in Colorado for a long time may guide their clients in the best possible ways during such trying times.

Why hire a domestic violence lawyer in Colorado

A domestic violence lawyer Colorado who has already handled numerous such cases can provide you with the best guidance when you are looking to resolve the matter in the best possible manner. They can also investigate your case to see whether you or your partner is at fault. They may provide you with valuable instructions which can help you to stay composed and calm when your case is tried by the magistrate in the court of law.

Read More

What are the Penalties for Domestic Violence Crimes in Colorado?

According to Colorado Law, people are prohibited to carry out physical actions of violence against other people or properties under certain circumstances. In order for a particular act to actually qualify as crime of domestic violence, there should be intimate relationship between an aggressor and a victim, as defined by the statute.  

Definition of domestic violence 

Colorado Law defines domestic violence as a threat or actual act of violence against an individual with whom the dominant or aggressor individual has or had a close, intimate relationship. The scope of domestic violence also includes other crimes or municipal ordinance violations that are committed against any third party or any property with the intention of control, coercion, punishment, revenge or intimidation directed at an individual with whom an aggressor has or had a close, intimate relationship. For instance, a person who damages personal property of an ex-spouse as a form of intimidation is guilty of carry out a crime that involves domestic violence. 

A crime can be classified under domestic violence only when there is an intimate relationship between two individuals. An intimate relationship can be defined under the following terms:

•   Former or current spouses;
• Former or current unmarried couples;
• Parents of same child whether or not they were ever married or stayed under the same roof    

Behaviors that qualify as domestic violence

There are different kinds of behaviors that qualify as domestic violence. These include the following:

 •    Calling names;
•    Throwing things;
•    Damaging property;
•    Forcing sexual contact;
•    Causing physically harm;
•    Threatening to use weapons;
•    Following or stalking behavior;
•    Imposing threat to pets or animals;
•    Harassing or threatening phone calls;
•    Abuser threatening to self-abuse or self-injure;
•    Threatening to sexually or physically abuse children;
•    Sexually or physically abusing children within the household;
•    Forcing the victim to stay within a closet, house, room, or some other location against will 

What is a domestic abuse protective order?

To prevent instances of domestic abuse from occurring, a civil protective order is issued by a county, district, juvenile, municipal or probate court. A protective order can restrain a defendant from threatening, harming or getting into physical contact with a protected person.

   

Penalties associated with domestic violence convictions 

Domestic violence is not regarded as a separate type of offense from underlying violence act. When a court finds a defendant guilty of domestic violence, the defendant will be sentenced by the court for the offense. However, the defendant will also be required to attend a domestic violence treatment program as well as receive evaluation for the treatment.   

Importance of hiring a domestic violence lawyer

There are various aspects of Colorado domestic violence law that you may not be fully aware of. For this reason, it is always advisable to get in touch with a professional domestic violence lawyer in Denver who can advice you on your rights and legal options. So whether you are accused of or have experienced domestic violence, a criminal defense attorney with experience in handling similar cases can help you out with your needs.

Image Source :- copeoflebanon

Read More

Domestic Violence Facts and FAQs

Domestic violence is something that occurs more commonly than one might think. A variety of factors can be held responsible for them. In times of vulnerability, an individual might react aggressively based on unresolved emotions, or might feel provoked due to other circumstances. Violent behavior can also ensue from a need to defend oneself against a perceived threat. There can also be accidents or instances of unintended injuries. In such circumstances, one might feel the need to seek assault defense assistance from a professional legal practitioner. However, you also need to be aware of the various aspects that are associated with assault cases. So let's have a look at some of the most common FAQs regarding domestic violence.

Domestic Violence Facts & FAQs

What can be defined as domestic violence?  

Domestic violence can be defined as a form of abusive behavior that is used by a partner to exert control over the other within a close relationship. In more than 90% of all cases, the victims of domestic violence are women. There can be a number of ways in which domestic violence can occur. These include sexual assault, physical violence, economic control, emotional/psychological abuse or a combination of two or more of the factors presented here. It is a major crime that affects hundreds and thousands of people within the United States each day. Since the abusers make it difficult for the victims to quit these relationships, quite often the victims of domestic violence suffer for many years at the hands of their batterers. 

How can you tell that you are the victim of domestic abuse?

Abusers use a number of ways to intimidate, isolate and have power over their partners. The whole process of abuse may begin insidiously and become difficult to recognize. Your partner might seem generous and attentive at first, but later may show signs of over protectiveness, which then may gradually progress to frightening levels. This behavior is often explained by stating causes such as stress or other factors. 

Why victims often stay within abusive relationships?

It is often a difficult question to answer and might involve a number of complicated factors. The most probable cause for this is fear. The fear of being killed or injured by their partners often forces many women to stay in abusive relationships. Other factors that might make victims stay with abusive partners include economic dependence, a feeling of isolation, children, shame, guilt, previous failures of the legal system to respond, and societal and/or religious pressures. Abusers also strive hard to make sure that their victimized partners stay. Victims often have expectations for their partners to change, which make them stay in their relationships even if things go downhill. 

What are the various warning signs that are associated with an abusive relationship? 

The common warning signs of an abusive relationship include physical injury, fits of jealousy, threats, forced sex, economic control, stalking behavior outside home, criticism, spells of anger, threats of social alienation, etc.    

If you are looking for a domestic violence lawyer in Denver, then there are a number of reputable legal advisers that you can consult with.

Read More