Domestic violence allegations can have a significant impact on family law cases in Colorado, affecting decisions regarding divorce, child custody, parenting time, and spousal support. Courts take these claims very seriously, as their primary concern is protecting the safety and well-being of children and vulnerable parties. If you are involved in a family law case where domestic violence is a factor, understanding the legal implications is essential.
At Baker Law Group, our Denver family lawyers provide knowledgeable legal guidance to individuals facing domestic violence allegations, whether they are victims seeking protection or those who have been accused and need a strong defense. Below, we discuss how domestic violence allegations influence family law cases in Colorado and what you should know if these claims arise in your case.
How Colorado Defines Domestic Violence
Under Colorado Revised Statutes (C.R.S.) § 18-6-800.3, domestic violence refers to an act of violence, intimidation, or coercion committed against a current or former spouse, romantic partner, co-parent, or household member. This includes:
- Physical abuse (hitting, pushing, or other physical harm)
- Threats or intimidation
- Emotional or psychological abuse
- Financial control or coercion
- Harassment or stalking
- Damage to personal property
A domestic violence charge does not necessarily require physical harm—even threats of violence or intimidation can result in legal action. These allegations can directly impact family law cases, particularly in areas like child custody and divorce settlements.
How Domestic Violence Allegations Affect Divorce Cases
Colorado is a no-fault divorce state under C.R.S. § 14-10-106, meaning that courts do not consider misconduct when granting a divorce. However, domestic violence can still play a role in aspects of a divorce case, particularly in issues related to property division, spousal maintenance (alimony), and protective orders.
- Property Division: While Colorado follows equitable distribution laws (C.R.S. § 14-10-113), meaning property is divided fairly but not necessarily equally, domestic violence may influence how assets are divided. If an abusive spouse has financially controlled or harmed the other party, the court may award a greater share of assets to the victim.
- Spousal Maintenance (Alimony): Courts consider whether domestic violence has affected the victim’s ability to work or be financially independent. If one spouse was financially dependent due to an abusive partner’s control, the judge may award higher alimony payments to ensure financial stability.
- Protection Orders: If allegations of abuse are present, the victim can request a Temporary Protection Order (TPO) under C.R.S. § 13-14-104.5 to prevent the accused from contacting or harming them. These orders can become permanent and restrict the accused’s ability to return to the home or interact with children.
The Impact of Domestic Violence on Child Custody and Parenting Time
Perhaps the most severe consequences of domestic violence allegations in family law cases involve child custody and parenting time. Colorado courts prioritize the best interests of the child under C.R.S. § 14-10-124, and domestic violence is a key factor in these decisions.
Custody Restrictions for Abusive Parents
If the court determines that domestic violence has occurred, the accused parent may face serious custody limitations, including:
- Supervised visitation: If the accused is granted any parenting time, they may be required to have a court-approved supervisor present.
- Loss of parental decision-making authority: A parent with a history of domestic violence may lose the right to make major decisions about their child’s education, healthcare, or upbringing.
- Termination of parental rights: In severe cases where child endangerment is proven, the court may revoke a parent’s legal and physical custody rights.
How Courts Evaluate Domestic Violence Allegations
When determining child custody in cases involving domestic violence, Colorado judges consider:
- The severity and frequency of the alleged abuse
- Whether the abuse was directed at the child or another household member
- Any history of police reports or restraining orders
- Testimony from witnesses, including teachers, medical professionals, or therapists
- The child’s emotional well-being and any signs of trauma
A parent facing false accusations of domestic violence must provide evidence to defend themselves, as unverified claims can still impact custody decisions. A skilled Denver family lawyer can help challenge false allegations and ensure that the court hears all relevant evidence.
What to Do If You Are Facing Domestic Violence Allegations
If you have been accused of domestic violence in a family law case, it is crucial to take the matter seriously. Even unfounded claims can have lasting consequences. Here are key steps to protect your rights:
- Seek legal representation immediately. An experienced Denver family lawyer can protect your parental rights, defend against false claims, and represent you in court.
- Gather evidence. Collect text messages, emails, witness statements, and any evidence proving that the allegations are false or exaggerated.
- Comply with court orders. If a Temporary Protection Order (TPO) has been issued, follow its terms to avoid further legal trouble.
- Avoid direct contact with the accuser. Any interaction can be used against you in court, even if your intentions are harmless.
- Present a strong defense. Your attorney can challenge inconsistencies in the accuser’s claims, question witness credibility, and provide alternative explanations for the allegations.
How Baker Law Group Can Help
At Baker Law Group, we understand how domestic violence allegations can impact divorce, custody, and parenting time decisions. Whether you are a victim seeking legal protection or have been falsely accused, our Denver family lawyers will provide strategic and compassionate legal representation.
We will help you:
- File or challenge protection orders
- Present evidence in custody disputes
- Advocate for fair property division and alimony awards
- Defend against false or exaggerated claims
Domestic violence allegations can change the course of a family law case, but you do not have to face this battle alone.
Contact a Denver Family Lawyer Today
If you are dealing with domestic violence allegations in a family law case, Baker Law Group is here to help. Our Denver family lawyers have extensive experience handling sensitive legal matters and will work to protect your rights and your family’s future.
Call us today or schedule a consultation online to discuss your case. We are ready to provide the legal support you need to navigate this difficult time.
