Domestic violence is something that Colorado legislation takes extremely seriously. Recent changes to Colorado legislation have been made in 2013 that have offered expansion on the legal definition of domestic abuse. The alterations that were made to this legislation affect civil protection orders, parenting time and decision making provisions.
Statute changes were made to the circumstances that can warrant protection orders. These new statutes also make it necessary for courts to give adequate consideration to the overall safety of the child. This consideration must be used when deciding parenting time if the abuse allegations are proven to be true.
Divorce is a very difficult time for all parties involved and can lead to extreme emotions and adverse situations. However, it is crucial that you remain composed and in control of your emotions during all interactions with your soon to be ex-spouse. In some instances, an individual could make a false claim or allegation against the other party. This is often used as a way to gain advantage during the divorce case. However, false allegations are taken seriously and should be fought against to ensure that all rights are maintained.
Parenting Time and Decision Making
Every judge keeps in mind the best interest of the child when determining parenting time and decision making responsibilities. However, due to the changes of legislation recently made in 2013, a judge must now give extra consideration to the child’s physical, emotional and mental needs. If domestic violence is proven, the court must give this ample consideration when deterring all responsibilities relevant to the child. In the end, the court is most concerned with the safety of the child and proven domestic abuse charges can be detrimental. This will result in interaction being limited and monitored to ensure the safety of the child in question.
Colorado legislation specifies the process for obtaining a restraining order whether temporary or permanent. Domestic abuse is not only defined as physical, but also emotional and financial. This type of control is seen as domestic abuse and taken seriously by the court. The expansion of the definition of domestic abuse has many different interpretations and is applicable to many different scenarios. Protection orders are designed to keep the abuser from further harming the victim in any fashion.
It is important to consult with an attorney that is knowledgeable about domestic abuse in Colorado and the law as it pertains to domestic abuse.