How Does Domestic Violence Affect a Divorce Case?

Divorce Cases in ColoradoUnder the Colorado Revised Statutes, domestic abuse is any threatened act or actual act of violence performed by the aggressor against another individual that was formerly or currently related to the aggressor, or has resided or is residing in the same home, or was intimate or is currently intimate with the aggressor.

Domestic abuse could likewise involve any threatened act or actual act of violence against either party’s minor children. It could also involve control of property, money, or other forms of control by an aggressor to scare the victim into thinking that she or he will be incapable of meeting basic living requirements or will be hurt by the aggressor.

Does Domestic Violence Affect Divorce Cases?

In the event of a divorce, domestic violence is extremely relevant and, depending on the specific circumstances, might even be considered as the top determinant for granting a divorce. If you’re planning on divorcing an abusive spouse, you will need legal representation for making a solid case by identifying any kind of domestic violence such as:

  • Emotional and/or physical violence
  • Patterns of control and manipulation
  • Sexual control or violence
  • A history of controlled substance, drug, and/or alcohol abuse
  • Anger issues as well as other types of violent or abusive behaviors

Other Crucial Things to Do

If you’re silently suffering from domestic violence, you should get a restraining order to protect yourself and your children (if applicable). Take note that Colorado statutes on domestic violence have recently amended the definition of domestic abuse, stalking, and sexual assault to provide better protection for domestic violence victims. However, although a lawyer could help you in understanding your legal rights under Colorado statutes, you’ll still have to file the protection order by yourself.

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It’s likewise important to note that because the children’s best interests are significantly affected by domestic violence, family courts will put the safety of the children first. Lastly, a top divorce lawyer in Colorado Springs suggests that you dial 911 or contact your local police if you require an immediate protection order or any form of assistance.