The Impact of Domestic Violence on Child Custody Cases

domestic violence and child custody

Are you in a tough spot right now, facing domestic violence charges that could potentially harm your relationship with your kids? It’s normal to feel like the world is crashing down around you.

The reality is domestic violence charges can seriously impact your child custody case. Worst-case scenario: you could end up losing custody or visitation rights. But don’t give up hope just yet. With the right legal representation, you can navigate this difficult situation and come out on top.

At Right Law Group in Colorado Springs, our criminal defense attorneys are here to help you protect your rights and relationship with your children every step of the way.

So, let’s get started. Contact us today, and let’s work together to get the best possible outcome for you and your family.

What’s Considered Domestic Violence?

Under Colorado Law, 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.”

It happens when one partner in an intimate relationship tries to control the other partner through different harmful actions. This could be anything from physical or sexual abuse to emotional or financial abuse.

Unfortunately, domestic violence can happen to anyone, no matter what their age, gender, race, or how much money they have. It doesn’t matter if you’re married or not or if you’re in a same-sex relationship. The important thing to remember is that domestic violence is never okay, and help is available for victims and those wrongfully accused.

Domestic Violence and Child Custody

If you are facing domestic violence charges, it can significantly impact child custody in Colorado. In most cases, family courts prioritize the child’s best interests when making custody decisions, and since domestic violence is considered a factor that can impact the child’s well-being, these charges can impact custody decisions.

There are two main types of custody: legal custody and physical custody. Legal custody means you get to make important decisions about your child’s life, like where they go to school, what religion they practice, and what kind of medical care they receive. Physical custody, on the other hand, is all about where your child lives and spends their time.

Unfortunately, if you have a history of domestic violence, it can really impact your custody situation. The court might see it as a sign that you’re not able to make decisions that are in the best interests of your child. In some cases, they might even give sole legal custody to the other parent or someone else entirely. And if things are really bad, they could order supervised visits or no visits at all.

We know this is a tough situation to be in, but we’re here to help. Our criminal defense lawyers know the ins and outs of DV cases, especially when child custody is involved. We’ll fight for your rights and your relationship with your child every step of the way. So don’t hesitate to reach out to us for help.

Defending Against Domestic Violence Charges

If you have been charged with domestic violence, it’s important to understand the severity of the situation and to take the necessary steps to defend yourself. Being charged with domestic violence can have serious consequences, including fines, jail time, and a criminal record.

Here are some possible defenses you may consider:

  • Self-defense — If you acted in self-defense, meaning that you reasonably believed that you or someone else was in imminent danger, you might have a valid defense. Your attorney can help you present evidence to support this defense.
  • False accusations — Unfortunately, false accusations of domestic violence are not uncommon. If you believe you have been falsely accused, your attorney can help you gather evidence and prepare a defense to refute the allegations.
  • Lack of evidence — To be convicted of domestic violence, the prosecution must prove their case beyond a reasonable doubt. If there is insufficient evidence to support the charges, your attorney can argue that the case should be dismissed.
  • Plea bargaining — In some cases, negotiating a plea bargain with the prosecution may be in your best interest. This may involve agreeing to plead guilty to a lesser charge in exchange for a reduced sentence.

If you’re facing domestic violence charges, it can feel like you’re in over your head. That’s why it’s so important to have a great defense attorney by your side. A lawyer who’s experienced in domestic violence cases can help guide you through the legal process and build a strong defense for you.

How the Right Law Group Can Help

At Right Law Group, we get it: domestic violence charges can seriously impact child custody cases. But don’t worry – our experienced defense attorneys are here to help.

We’ll fight for your rights and your child’s best interests, and we won’t rest until we’ve built a strong defense and achieved the best possible outcome for you. Ready to get started? Contact us today to schedule your consultation.

Author Bio

alexis austin

Alexis Austin is the CEO and Managing Partner of Right Law Group, a criminal defense law firm she founded in 2018, with convenient locations in Colorado Springs, Castle Rock and Highlands Ranch. With almost a decade of experience in criminal defense, she has zealously represented clients in a wide range of legal matters, including DUIs, misdemeanors, felonies, domestic violence, and other criminal charges.

Alexis received her Juris Doctor from the University of Denver — Sturm College of Law and is a member of the Colorado Bar Association. She has received numerous accolades for her work, including being named among the “Top 40 Under 40” in 2018 by The National Trial Lawyers and featured in Authority Magazine’s “Top Lawyers” series.

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