With Domestic Violence, Divorce Becomes More Complicated

Woman covering her face in fear of domestic violence

Colorado’s family law courts acknowledge that the effects of domestic violence impact, not just the separating spouses, but also their children. As such, the state strictly implements laws aimed to safeguard the adults and kids from further risks of abusive behavior. The law defines the rights of children to live and visit homes that won’t expose them to neglect, child abuse, and domestic violence.

Because of these, cases of divorce, together with child custody, wherein domestic violence has occurred, have certain special policies and exceptions. As such, it’s important that when choosing amongst family law attorneys in Denver, you work with one that has extensive experience handling cases similar to yours.

During the divorce proceedings

In The Centennial State, the courts automatically lay down a temporary injunction that prevents both parties involved in the divorce from “molesting or disturbing the peace of the other party.” This also forbids them from taking the children away or getting rid of the marital property.

If your household has a history of domestic violence committed by your spouse, it’s completely understandable to feel worried about what the potential actions or behavior of your former spouse/partner. You should talk to your attorney about getting a domestic violence protection order while the courts finalize the divorce.

Domestic violence and how it affects child custody

Like many other states in the country, Colorado also follows the “best interests of the child” model when determining child custody. As such, they will put great importance on cases wherein domestic violence has taken place. Keep in mind though, that there are plenty other factors that they consider so that they won’t base their decisions on domestic violence alone.

It’s for this reason you need to work with a family law attorney even before you file for the divorce, as this can make all the difference when it comes to who gets custody of your little ones.