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Imagine this: You’re in the middle of a heated argument with your ex-partner. Words are exchanged, emotions run high, and suddenly, you find yourself facing an accusation of domestic violence.
What happens next?
If you have children, the legal consequences go beyond criminal charges—your rights as a parent could be at risk. In Colorado, family courts take domestic violence allegations seriously, and even an accusation can impact child custody arrangements.
If you’re facing this situation, a criminal defense attorney in Denver can help you understand your rights and navigate both the criminal and family court systems. Let’s take a closer look at how domestic violence accusations affect child custody and what you can do to protect yourself.
Under Colorado Revised Statutes § 14-10-124, courts determine child custody (now referred to as “parental responsibilities”) based on the child’s best interests. If there is evidence of domestic violence, the court must consider whether awarding parental responsibilities to the accused parent would endanger the child’s well-being.
Colorado law does not require a conviction for domestic violence to impact custody decisions. A mere accusation or restraining order can influence a judge’s decision. This makes it crucial to have a Denver domestic violence defense lawyer who can challenge unfounded allegations.
According to C.R.S. § 18-6-800.3, domestic violence is not limited to physical abuse. It includes:
Because domestic violence covers a wide range of actions, even a verbal argument taken out of context can be used against you in a custody case.
When one parent accuses the other of domestic violence, several immediate legal actions can occur:
A court may issue a temporary protection order that prohibits the accused parent from contacting the child or the other parent. Under C.R.S. § 13-14-106, these orders can become permanent, further restricting parental rights.
The court may temporarily modify custody arrangements to limit or suspend the accused parent’s parenting time. If the allegations are serious, supervised visitation or complete loss of custody is possible.
A domestic violence charge in Colorado can lead to serious penalties, including jail time, fines, and mandatory treatment programs. A conviction makes it significantly harder to regain custody rights, as courts prioritize the child’s safety. A defense lawyer in Denver can help fight these charges to prevent them from negatively affecting your custody case.
Colorado judges weigh several factors when making custody decisions in cases involving domestic violence, including:
The court examines police reports, medical records, witness testimonies, and text messages to determine credible accusations. If the case lacks solid proof, an experienced criminal defense lawyer in Denver, CO, can challenge weak or exaggerated claims.
One isolated incident might not carry as much weight as a history of abuse. However, if multiple reports exist, the accused parent may face severe custody restrictions.
If a parent completes anger management or parenting courses, the court may reconsider custody decisions. Showing genuine efforts to change can be beneficial in regaining parental rights.
The court prioritizes the child’s emotional and physical well-being. If the child has witnessed violence or feels fearful, the accused parent may receive limited or supervised visitation.
Unfortunately, some parents make false domestic violence allegations to gain an advantage in custody disputes. If this happens, you need a criminal defense attorney in Denver to present a strong defense. Possible strategies include:
Your attorney can gather texts, emails, and witness statements contradicting accusations.
A neutral third-party evaluator can assess the situation and provide a report to the court, helping to counter false allegations.
If a protection order was obtained under pretenses, your Denver domestic violence defense lawyer could present evidence to have it dismissed.
A domestic violence accusation can have devastating consequences on your parental rights, even without a conviction. Courts in Colorado prioritize child safety, making it critical to have an experienced defense lawyer in Denver if you face allegations. Whether dealing with false claims or seeking to protect your custody rights, taking immediate legal action is essential.
If you’re in this situation, don’t wait. Contact a criminal defense lawyer in Denver, CO, to protect your rights and relationship with your child.
