Family Law

Divorce and Domestic Violence

The Colorado legislature and the Colorado courts take domestic violence issues very seriously.  Credible allegations of domestic violence can influence who is able to remain in the family home, can influence how much time you spend with your children, and can influence what decisions you can make on behalf of your children.

If you are a victim of domestic violence
If you are a victim of domestic violence, and fear imminent physical danger, you should call 911.  There are also a number of resources for victims of domestic violence.  (See www.ccadv.org)

• Arapahoe – Gateway Battered Women’s Shelter 303.343.1851

• Arapahoe – Project Safeguard 303.344.9016

• Boulder – Boulder County Safehouse 303.444.2424

• Denver – Brandon Center 303.620.9190

• Denver – Project Safeguard 303.863.7232

• Douglas/Elbert – Women’s Crisis Center 303.688.8484

• Jefferson County -- Family Tree Women in Crisis  303.420.6752

If you are accused of domestic violence
In the event of an altercation and an allegation to police that domestic violence has occurred, people should be aware of what may happen.  Upon an allegation of domestic violence, if the police are called, it is more likely than not that someone will be arrested.

A person arrested for domestic violence will spend at least a night in jail.  There will be no bond amount on the citation, and therefore the arrested person must appear in front of a judge to have a bond amount set.  The bond amount is generally $500.

A prosecutor may prosecute a domestic violence allegation without cooperation from the person who originally alleged domestic violence.  Therefore, even if the complaining spouse wants a domestic violence charge dropped, it generally will not be.

A person convicted of domestic violence, where there is no physical injury, will generally be convicted of a misdemeanor.  Usually, the person will be offered a deferred judgment and sentence from the prosecutor, and will be required to attend 36 weeks of domestic violence counseling.  Upon completing the counseling, the charge will be dropped.

Often, a person who is charged with domestic violence will be subject to a restraining order.  The restraining order will require the person charged to stay at least 100 yards away from the complaining spouse, her home, her work, and often the children.  Often the restraining order will forbid any contact with the complaining spouse.  In other words, if you are charged with domestic violence, you will be made to leave your home, and will not be allowed to contact your spouse or children.

A person who violates a restraining order or is charged with domestic violence a second (or third, or fourth) time will likely do jail time.  If a person is convicted of domestic violence three times, the fourth conviction will be a felony conviction.

A person who is convicted of domestic violence may not legally be in possession of a firearm.

What counts as domestic violence
Domestic violence is defined as "an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship."

• Actual physical conduct is not required.

• Injury is not required.

• Even if you are "protecting yourself" you can be arrested.

This means that you and your spouse can have a heated argument, and if one person calls the police, it is possible that someone will be charged with domestic violence, removed from the home, and spend the night in jail.  It will be very hard to have the criminal case dismissed, even if both people involved in the altercation want it dismissed, and the criminal case will likely affect your divorce case.

If you and your spouse are in the process of a divorce, or if you are thinking of divorce, do not fight with your spouse.  If things get heated between the two of you, leave.

"Restraining orders"/Protection orders
Even without any pending criminal charges, a person can get a protection order against another person if he or she believes that without a restraining order, he or she is in imminent danger.

If there is not a divorce case pending, a person can obtain a protection order from the county court in the county in which he or she lives.  Protection order cases are usually heard each day at a set time.  Call the county court in which you live to find out what time they hold protection order hearings.

If a divorce case is pending, a party must obtain a protection order from the same court that is hearing the divorce.

A protection order will generally exclude the person from the family home, will require the person restrained to remain at least 100 yards from the other person at all times, and will require that the person make no contact with the other person at all.  Violation of protection order is a crime, and will carry a domestic violence designation.

For instructions and forms on how to obtain a protection order, go to www.courts.state.co.us