Colorado’s Recent Changes Which Involve Domestic Violence Issues
In the State of Colorado, just as in other jurisdictions around the country, domestic violence is not only a criminal law issue, but also a family law issue as well. In other words, domestic violence is not just something which might be prosecutable, it’s something which can also impact various outcomes in the area of family law, such as divorce judgments and child custody determinations. This situation directly reflects Colorado’s current legal framework. For example, if a spouse engages in physical abuse, the court can use this as evidence in custody hearings, which may impact the abusive spouse’s custody rights. As we’ve discussed elsewhere, domestic violence can also impact property division too.
During the past 12 months, there have been multiple significant alterations to Colorado’s treatment of domestic violence. Colorado recognizes domestic violence as a major societal issue which demands attention. These alterations aim to improve this area In this post, we will some quick information on these latest alterations.
CRS 14-10-126 – Allegations Made by Children on Domestic Violence / Abuse
A new change has occurred which affects the level of importance or urgency attached to child testimony on domestic violence. Under Colorado law, children do not have the right to simply choose which parent they wish to live with; a child’s opinion can hold weight, but at most it is merely one relevant factor among potentially many others. In many instances, a judge may order custody arrangements which aren’t compatible with the child’s stated preferences.
Colorado’s latest change pertaining to child testimony relates to domestic violence: if a child states that a parent has been engaging in domestic violence, or a parent reports that a child has made such an allegation, this automatically renders the child’s opinion highly important. In other words, if a child makes an allegation of domestic violence, then that child’s preference suddenly becomes a “dominant” factor, and the court must give special weight to such allegations. This is true even if the allegations aren’t fully corroborated during the proceedings. Clearly, this change shows Colorado’s responsiveness to ongoing concerns regarding domestic violence.
CO’s New Law on Mandatory Domestic Violence Training for Court Personnel
A new Colorado law mandates domestic violence training for judges, custody evaluators, and other court personnel in response to growing concerns. The training covers key concepts like “coercive control” and aims to equip court staff with the tools to identify and address abuse effectively
These are developments which all spouses using the family court system today in Colorado should be aware of.
Contact the Drake Law Firm for More Information
For more information on Colorado’s latest developments in domestic violence law, or another related matter, contact one of the family law attorneys at the Drake Law Firm today by calling 720-797-6790.