Parents and domestic violence: The risks during divorce
If you’re accused of domestic assault or violence, the best thing you can do for yourself is to learn about the laws in Colorado. This is particularly true if you live in a home with children; children in Colorado are protected by laws that state they have a right to visit and live in homes without domestic violence, neglect or abuse, so a charge could put your rights as a parent in jeopardy.
Domestic violence protection orders can be issued against anyone who is accused of domestic violence in a relationship; when that relationship is also going through a divorce, then the spouses can be restrained from taking their children where they want or moving marital property. Even an allegation of domestic violence can influence your chances of obtaining custody of your child, too, since Colorado’s judges will make custody determinations in the best interests of your child, not necessarily your best interests.
Fortunately, you can mount a defense against these claims, so you can protect your right to your children and home. For example, if you’re accused of being violent but the other person has no signs of harm, you could be able to show that the alleged abuse didn’t take place. The same is true if the other party somehow gets a child to speak against you.
If you have evidence, like photos or videos, of the incident that’s being questioned, that can also be helpful for proving your innocence. If not, then witnesses may be of help, if there were any that can speak on your behalf.
Source: FindLaw, “Colorado Family Law on Domestic Violence,” accessed Jan. 08, 2016
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