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Colorado Criminal Defense Blog

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A child custody battle is already a difficult and emotional process, but when domestic violence charges are involved, it can become even more complicated. In Colorado, domestic violence charges can have a significant impact on child custody determinations. This post will discuss the potential consequences of domestic violence charges in a child custody battle in Colorado and provide information on how to navigate the legal system.

Domestic Violence Charges in Colorado

Domestic violence is taken very seriously in Colorado, and the state has strict laws and penalties in place to protect victims. In Colorado, domestic violence is defined as any act or threatened act of violence against a person with whom the accused has an intimate relationship, such as a spouse, partner, or family member.

Domestic violence charges can result in criminal penalties, including fines, probation, and jail time. The severity of the penalties depends on the circumstances of the case, such as the severity of the injuries and whether the accused has prior convictions for domestic violence.

In addition to criminal penalties, domestic violence charges can also have an impact on child custody determinations.

How Domestic Violence Charges Impact Child Custody

In Colorado, the court’s primary concern in a child custody determination is the best interests of the child. This includes considering the child’s physical, emotional, and mental well-being, as well as their relationships with each parent.

When domestic violence charges are involved, the court will take them into consideration when making a custody determination. The court may view domestic violence as a sign that a parent is not fit to care for a child and may be more likely to award custody to the other parent or limit the accused parent’s parenting time.

In some cases, the court may order supervised visitation for a parent accused of domestic violence. Supervised visitation means that the parent can only spend time with the child in the presence of a third-party supervisor, such as a social worker or family member. This can be a difficult arrangement for both the parent and the child and can make it challenging to build a strong parent-child relationship.

Defending Against Domestic Violence Charges

If you are facing domestic violence charges in Colorado, it’s important to take the charges seriously and work with an experienced criminal defense attorney. A skilled attorney can help you understand the charges against you, the potential penalties you face, and the best strategies for defending against the charges.

There are several defenses that may be available in a domestic violence case, including self-defense, false allegations, and lack of evidence. Your attorney can review the facts of your case and help you determine the best defense strategy.

It’s important to note that even if you are not convicted of domestic violence, the mere accusation can still impact your child custody case. The court may still consider the allegations when making a custody determination and may be more likely to award custody to the other parent or limit your parenting time.

Working with Your Attorney

If you are facing a child custody battle in Colorado and domestic violence charges are involved, it’s crucial to work closely with your attorney. Your attorney can provide guidance on how to navigate the legal system, protect your rights, and present a strong case to the court.

It’s important to be honest and forthcoming with your attorney about the allegations and any prior incidents of domestic violence. Your attorney needs to know all the facts to build the strongest case possible on your behalf.

In addition, it’s essential to follow any court orders related to the domestic violence charges, such as attending counseling or staying away from the alleged victim. Violating court orders can harm your case and result in additional legal consequences.

 

About the Author:

Kimberly Diego is a criminal defense attorney in Denver practicing at The Law Office of Kimberly Diego. She obtained her undergraduate degree from Georgetown University and her law degree at the University of Colorado. She was named one of Super Lawyers’ “Rising Stars of 2012 & 2019-2022” and a “Top 100 Trial Lawyers in Colorado” for 2012-2022 by The National Trial Lawyers. Both honors are limited to a small percentage of practicing attorneys in each state. Additionally, Expertise names her to its lists of the 25 Best Denver DUI Lawyers and 21 Best Denver Criminal Defense Lawyers, both in 2020-2022. Ms. Diego has also been recognized for her work in domestic violence cases.

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