Family Law, Divorce, Custody and Child Support Attorneys in Denver, Colorado

Crimes and Divorce

It’s not too uncommon for a divorce case to involve some potential, or actual, criminal charges. While criminal cases are prosecuted by the State of Colorado and take place in different courtrooms from divorce cases, these cases may have a huge impact on a divorce case.

Criminal activity comes into a divorce case in one of two basic ways. First, one of the spouses is involved in criminal activity, while the other is not. For example, if a one spouse is dealing drugs, or gets charged with fraud. In the case of a drug dealing parent, a divorce court might step in and prevent that parent from exercising any parenting time, or might order supervised parenting time.  In the case of one spouse committing fraud, we could have an issue with restitution.

The second way criminal activity might come into a divorce case is when a spouse is the victim of criminal activity by the other. The obvious example is domestic violence related crimes, but there are certainly other types.

When it comes to domestic violence, it used to be that experts believed spousal violence didn’t extend to the kids and the kids weren’t being harmed by an abuser as a parent.  Today, many people disagree and the issue of domestic violence between spouses is being talked about frequently in the context of parenting time and decision making.

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Domestic Violence

Every day, we read stories about couples involved in domestic violence. We see the couples breakup – and then get back together. We see one party go to jail. We see the other party file for a divorce.

Divorce cases may be preceded by an incident of domestic violence. These domestic violence cases can impact the divorce case in many ways, for example, a Protective Order may be issued in the criminal case that bars one party from the marital home, or, if the couple has kids, the restrained parent won’t be able to talk to the other spouse, even about the kids.

False allegations of domestic violence are, unfortunately, used to gain an advantage in some divorce cases. As a result of these allegations, one party may be banned from the marital home for a period of time and they may not be able to see their kids.

Domestic violence cannot be taken lightly. If you’re a victim, you need to act now to protect yourself.

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Domestic Violence Resources

Web Links

• Denver DA’s Resource Page
• SafeHouse
• National Coalition Against Domestic Violence

Video – Webcasts (WARNING – May be disturbing)

• Domestic Violence
• PSA – Restaurant
• Australian PSA
• Children See, Children Do

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