Domestic Violence Attorneys In Denver, CO
Divorce can be an extremely emotional, turbulent time for many people. Reactions to the stress of divorce may differ, but most people experience the feelings of anger (even rage), frustration, anxiety, depression, and loss. If your spouse is quick to ignite, be particularly cautious during this period of time and pay close attention to the warning signs that can lead to domestic violence.
Domestic violence is usually a male vs. female encounter, but certainly women can also be the perpetrators. The key to stopping it is recognizing the escalation and acting before you become a victim. This can be easier said than done, but heightened vigilance and common sense measures, such as avoiding possibly inflammatory situations, can make a big difference. If you are threatened or attacked, immediately contact the local authorities and consider securing your safety in a safe house designed to help victims of such violence.
Order Of Protection
If your spouse becomes violent, or threatens violence, toward you or your children, you can obtain a restraining order to keep him or her away. Such an order, called an Order of Protection, prevents your spouse from contacting you, as well as any other person protected by the order. This type of restraining order is appropriate whenever an act or threat of violence occurs against you or a family member. In this instance, the term “family member” is broadly interpreted to include not only yourself, but also a relative, a previous spouse, someone with whom you presently live or have lived in the past, or even someone with whom you are currently (or were in the past) romantically involved.
The victim, as well as anyone else protected under the order, is instructed to keep the restraining order with him or her at all times. If the defendant violates the order, he or she has committed a criminal act and will be arrested. It is important, however, to realize that even with the restraining order in effect, the victim should take every possible safety precaution.
What does the restraining order actually do? It requires that the defendant stay away from, and have no contact whatsoever with, the victim or anyone else listed on the order. It’s important for a defendant to be aware, however, that he or she could be arrested for violating the restraining order even if the victim initiated the contact between them.
Steps To Take During A Divorce
It’s a good idea to keep a diary of the exact dates and a description of any incidents of domestic violence that occur during this period of time. Also keep track of any stalking (including cyber stalking) and other forms of harassment, plus threats of violence. Be sure to write down any examples of the defendant’s alcohol or drug abuse and his or her violent behavior or threats of violence against anyone else. In addition, be careful to save your email correspondence (or any other written exchanges) with the defendant.
Child Custody Issues
For obvious reasons, the courts are reluctant to award custody or joint custody to a defendant if there is evidence of domestic violence. If the court finds that a person is a perpetrator of an act of domestic violence, that person must be able to establish, and the judge must be satisfied, that the proposed defendant’s parenting time will not endanger the child in any way. When and if the parent can meet this burden of proof, the court will allow the defendant to have contact with the child – and possibly joint custody – depending upon the circumstances. Of course, appropriate conditions designed to protect both the child and the other parent from harm will be placed on the parenting time that is granted.
If you have a custody matter that involves domestic violence, you should seek the assistance of a skilled attorney at Divorce Matters®. Getting an attorney on board sooner, rather than later, can make a big difference.
Divorce Matters represents clients throughout Metro Denver and the Front Range including: Arapahoe County, Aurora, Boulder, Bow Mar, Castle Pines, Castle Rock, Centennial, Douglas County, Englewood, Cherry Hills Village, Denver, Greenwood Village, Jefferson County, Highlands Ranch, Littleton, Lone Tree, Louisville, and Parker.
You can call Divorce Matters today at (720) 542-6142 to schedule an appointment with an attorney.
Our highly-accomplished divorce and family law attorneys practice throughout Colorado, including:
Adams County (Arvada, Aurora, Brighton, Thornton, Westminster); Arapahoe County (Aurora, Centennial, Cherry Hills Village, Englewood, Greenwood Village, Littleton); Boulder County; Broomfield County; Denver County; Douglas County (Castle Rock, Highlands Ranch, Lone Tree, Parker); Elbert County (Elizabeth, Kiowa); and Jefferson County (Arvada, Golden, Lakewood, Morrison, Wheat Ridge).
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Why not start exploring your options? Call us at 720.542.6142 to schedule your consultation with one of our experienced Denver divorce attorneys today.
Our highly-accomplished divorce and family law attorneys practice throughout Colorado, including: Adams County (Arvada, Aurora, Brighton, Thornton, Westminster); Arapahoe County (Aurora, Centennial, Cherry Hills Village, Englewood, Greenwood Village, Littleton); Boulder County; Broomfield County; Denver County; Douglas County (Castle Rock, Highlands Ranch, Lone Tree, Parker); Elbert County (Elizabeth, Kiowa); and Jefferson County (Arvada, Golden, Lakewood, Morrison, Wheat Ridge).