Can I Lose Custody of My Children After a Domestic Violence Charge?

A charge of assault or another crime with a domestic violence enhancement in Colorado is always an alarming situation, with life-altering consequences upon conviction. When an alleged offender has children, they may face additional legal consequences, especially if they are in the midst of a child custody case.

Understanding the possible consequences of a domestic violence charge in Colorado Springs and throughout Colorado state on child custody is a crucial aspect of navigating your defense if you have children.

Understanding Domestic Violence Charges in Colorado

Domestic violence is not a stand-alone charge in Colorado. Instead, it is added as an enhancement to another charge, such as third-degree assault. This enhancement may be added to charges under circumstances such as the following:

• Cases of physical assault against a current or previous spouse or intimate partner
• Threats of violence against a spouse or intimate partner
• Emotional, psychological, or verbal abuse, such as stalking, harassment, or coercive control
• Acts of criminal mischief against property or pets intended to intimidate, threaten, or control an intimate partner

Domestic violence charges come with mandatory procedures, such as protective orders preventing contact with the alleged victim. A conviction requires mandatory domestic violence counseling in addition to possible jail time, fines, and probation. For a parent in a child custody case, a domestic violence charge adversely affects their right to shared parenting time.

Understanding the Court’s Requirement for Child Custody Decisions In Colorado

Colorado’s family courts uphold the standard of making all decisions in the best interests of the child. Under Title 14 Domestic Matters § 14-10-124, the statute states the following:

“ The court shall determine the allocation of parental responsibilities, including parenting time and decision-making responsibilities, in accordance with the best interests of the child, giving paramount consideration to the child’s safety and the physical, mental, and emotional conditions and needs of the child …”

The court begins each case with the presumption that continued close contact with both parents is in the child’s best interest; however, this is a rebuttable presumption. In other words, if one spouse submits evidence to the court that it’s not in the child’s best interest to have unsupervised custody or visitation with the other parent, the court will consider restricting child custody to supervised visitation. Evidence of domestic violence, such as an arrest or conviction, is compelling evidence in a child custody case.

The court may impose conditions, such as mandatory counseling and limited supervised visitation. A restricted parenting time (child custody case) in Colorado remains binding unless the restricted parent files a petition for modification of their existing orders and the court overturns its original restriction.

Criminal and Family Court In Colorado Domestic Violence Cases

Child custody (parenting time) cases can quickly become heated. Unfortunately, it’s not uncommon for one parent to allege domestic abuse with the intention of swaying a child custody case in their favor. Charges of domestic violence in Colorado are among the few cases that impact an individual in both criminal and family courts, which are normally separate entities.

When a parent faces domestic violence charges or a conviction for a violent crime, or a property crime with a domestic violence enhancement, the case is relevant in both criminal court, which serves as a means of punishment and a deterrent, and in family court, where child custody decisions are made. For this reason, it’s crucial to hire a Colorado Springs criminal defense lawyer for an immediate, aggressive legal defense against domestic violence charges.