Domestic Violence Cases In Colorado
How Does Domestic Violence Affect My Divorce Case?
Domestic violence can be broadly defined as abuse that occurs between people in an intimate relationship, married or otherwise, including family members or any other people who live together. Unfortunately, we have seen an increase in the number of divorce cases that have a companion criminal domestic violence case proceeding against one or both spouses.
The abuse may be physical, sexual, verbal or even psychological in nature. Once domestic violence is reported to the authorities, it is up to law enforcement to decide whether to file charges.
Once an arrest has been made
The accused party may be charged with domestic violence even if the alleged victim who reported the abuse no longer wants to press charges. Domestic violence is a serious crime that should never be taken lightly. People in the midst of dissolving their relationship should be aware of the risk that disagreements can deteriorate to the point where the police are called and a criminal case is filed. Once an arrest has been made, a criminal case is often filed and prosecuted.
Harsh legal consequences
The alleged perpetrator, if convicted of domestic violence, can face harsh legal consequences, such as imprisonment, heavy fines, probation, rehabilitation, counseling, and/or community service. The courts can prohibit a person accused of domestic violence from having any contact with the victim, and can restrict the offender from entering his or her own home. Indeed, most defendants accused of domestic violence are required to observe the restrictions of a mandatory criminal protection order which is put into place at the first bond hearing, which occurs before trial or a entry into a plea deal. That protection order typically requires that the defendant stay at least 100 yards away from the alleged victim’s home, even if that “home” is also the defendant’s home.
If children were present or otherwise aware of the circumstances that led to the arrest, the defendant will likely be charged with child abuse (in addition to domestic violence) and the Department of Social Services will probably become involved. The children are also likely to be included as alleged victims on the mandatory criminal protection order, which means that the accused person’s contact with the children will be at least restricted, and could be entirely prohibited. Depending on the facts of the case, the Court may decide to require that the accused person have no contact at all with the children, or may decide that supervised visits, telephone conversations, or some other sort of contact is permissible.
At Ross Law Firm we help victims of domestic violence seek justice. We also defend the falsely accused against temporary protection orders (also known as temporary restraining orders or “TROs”), and we help keep those orders from becoming permanent protection orders or “PPOs”).
We can help you
An experienced Colorado divorce attorney can answer the following questions for you;
- What can you do to protect your rights and present an accurate, thorough and well-documented case in your domestic violence hearing, whether you are a victim of abuse or someone falsely accused of perpetrating abuse?
- What steps can you take to help ensure that you and your children will be safe in the future and that violence will end?
- What are your options if you can no longer enter your home or see your children because of false or inflated allegations of domestic abuse?