Accusations of domestic violence can make custody difficult

Child custody is a serious matter for a child and it can impact growth and upbringing in a major way. Parents who get divorced or separated often battle it out in courts trying to get the custody of their child or children. However, if there is any hint of domestic violence involved in the case, then it can seriously impact the outcome of the case in the family court. If you are not sure as to what might happen to your child custody case, it is important that you get in touch with a domestic violence lawyer who can offer you the best representation in the court of law.     

The results of the child custody case as handled in Colorado can be negatively affected if there is any kind of domestic violence involved. So if you are pursuing the child custody case for your child in Colorado, the domestic violence allegations can actually reduce your chances of getting custody. If you want to understand the family law code in Colorado in a better way and have a clear and precise idea about your rights, it is important that you contact a professional divorce attorney who has been working in Colorado for many years. These experts can guide you at every step of the way when you are trying to get child custody. 

How domestic violence can impact the child custody case

While domestic violence accusations are one thing, getting charged with such allegations can significantly lower your chances of having custody of your child. You may even be required to consent to supervised visitation. In any case, your custody rights can get severely limited.

Even when only the allegations are made, it can actually make things much more complicated for you. In many divorce cases it is not really uncommon for one of the parents to accuse the other of violence, even though such an accusation is false. This is something they do in hope that the things might turn out to be favorable for them. Basically in most cases involving child custody, the main goal is to ensure that both parents can have an ongoing relationship with their child or children. It has also been found that children also tend to have a healthier life when they have both their parents by their sides. However, such bliss can be severely hampered when one or both the parents are accused of domestic violence.     

While dealing with a child custody case, the court always takes into consideration the best interest and needs of the child. Therefore the court may not consider it to be in the best interest of the child if a particular parent has a history of domestic violence. There is always a chance that the child may be exposed to domestic violence in the future if the court agrees to let the parent have custody of the child. Therefore the verdict almost always goes against that parent.      

In case the allegations are proven to be true, the violence may continue even if the parents choose to go for a divorce. This is particularly true for people if a divorce ends badly with custody disagreements. In the state of Colorado, if a parent has got a protective order effectively issued against her or him in a case of child custody, then it is certainly going to play a major role in the outcome of the case. Even though they are actually temporary orders, they may affect the ability of the parents to be able to see their child or children. The protective orders are usually used as evidence for a custody dispute. There can also be other reports that are used as evidence of domestic violence. For example, if there has been a police record of a domestic dispute, then such a report can also be presented. Parents in Colorado are not allowed joint custody of children if there has been an instance of domestic violence. 

Consult a domestic violence lawyer in Denver, Colorado

If you are keen to learn more about domestic violence cases, it is important that you get in touch with a Domestic Violence Lawyer Colorado Denver who can help you more in this regard and make sure that justice is done. 

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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.

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