How Domestic Violence Charges Affect Child Custody in Summit County
Few legal issues are more emotionally charged or legally complicated than domestic violence charges. And things get even more difficult when custody matters are involved. If you’re a parent facing allegations of abuse, you need to understand how these charges can impact your parental rights and the overall family law process.
Kylie Whitaker and Ehren Penix are domestic violence defense attorneys in Breckenridge. At Whitaker & Penix, LLC, we bring years of courtroom experience with the legal implications of DV charges and can guide you with the steps you can take to protect your future and your relationship with your child.
The Court’s Focus: Best Interests of the Child
In Colorado, custody agreements are always made with the child’s well-being at the center. Courts consider factors such as:
- Each parent’s ability to provide a safe, stable environment.
- The child’s relationship with each parent.
- The mental and physical health of both parents.
- Any history of domestic violence or abuse.
If a parent is charged with or convicted of domestic violence, the court will take those circumstances seriously when making custody rulings. Judges are particularly cautious when allegations involve physical harm, threats, or intimidation that could place a child at risk.
Legal Implications of Domestic Violence in Custody Cases
A charge or conviction for domestic violence may directly influence how much time a parent gets to spend with their child.
Impact on Parental Rights
Courts may limit or restrict a parent’s custody rights if domestic violence is proven. In some cases, visitation may be allowed but only under supervised conditions.
Protective Orders
When a protective order (often referred to as a restraining order) is issued, it can restrict a parent from contacting the other parent or even being near the child. These orders are taken seriously in Summit County courtrooms, and they can significantly affect custody arrangements.
Custody Modifications
If domestic violence charges arise after custody orders have been established, the other parent can request a custody modification. The court will reassess whether the current parenting arrangement is still in the child’s best interests.
Future Custody Considerations
A conviction for domestic violence may be considered in any future disputes. Judges may be hesitant to expand parenting time or decision-making authority for a parent with a past record of violence.
How Colorado Defines Domestic Violence
Colorado law defines domestic violence broadly. It doesn’t only apply to acts of physical harm but can also include:
- Threats or intimidation against a partner, spouse, or co-parent.
- Emotional or verbal abuse that causes fear of harm.
- Destruction of property meant to control or intimidate.
Protective Orders and Child Custody Cases
When domestic violence charges are filed, courts often issue a mandatory protective order. This order can have an immediate effect on custody and parenting time, even before the case goes to trial. For example:
- A protective order may prevent a parent from seeing or communicating with their child until a hearing is held.
- If granted long-term, the order could limit visitation to supervised sessions at a neutral facility.
- Violating a protective order can result in additional criminal charges, further weakening a parent’s custody case.
The Role of Evidence in Custody Decisions
When domestic violence allegations surface in a custody dispute, evidence plays a critical role. Courts may look at:
- Police reports and arrest records.
- Medical documentation of injuries.
- Witness statements.
- Records of prior incidents.
Judges do not base decisions on accusations alone; they need credible evidence to determine whether a parent poses a risk. That said, even pending charges can weigh heavily on a judge’s decision-making process.
Can a Parent Accused of Domestic Violence Still Seek Custody?
A parent facing charges should be prepared to show the court that they can provide a safe environment and act in the child’s best interests. Possible steps may include:
- Completing anger management or parenting classes.
- Complying fully with protective orders.
- Demonstrating consistent involvement in the child’s education and health care.
- Providing testimony from therapists, teachers, or family members who can speak to their parenting abilities.
Long-Term Effects on Parental Rights
Even if a domestic assault case is dismissed or results in a reduced charge, the record of the accusation can still resurface in future family law proceedings. Opposing parties may use it as evidence to question parental fitness.
Because of these long-term risks, it is essential for parents to approach these cases strategically. A strong legal defense protects you against criminal penalties, and it also safeguards your parental rights and the ability to maintain a meaningful relationship with your child.
Reasons to Choose Our Firm
Each judicial district in Colorado has its own procedures and tendencies. That’s why it’s important to find a criminal defense attorney who’s familiar with local courts in Summit County, like Kylie Whitaker and Ehren Penix, who both have experience working as criminal prosecutors.
Kylie has been recognized as a Rising Star by Super Lawyers, and Whitaker & Penix, LLC proudly holds an A+ rating from the Better Business Bureau.
Steps to Take if You Are Facing Domestic Violence Charges
- Do not ignore protective orders. Violating them only makes your situation worse.
- Contact a family law attorney immediately. You need counsel who understands how criminal charges and custody disputes overlap.
- Document your relationship with your child. Keep records of school involvement, health care visits, and communication.
- Consider counseling or classes. Voluntarily enrolling in parenting or anger management programs can show the court your commitment.
- Prepare for custody modifications. Be ready for temporary changes, but know that with the right legal representation, you may be able to restore rights over time.
Speak With a Trusted Criminal Defense Lawyer in Summit County
At Whitaker & Penix, LLC, our Breckenridge criminal lawyers understand what is at stake for you and your family. We’re here to fight for your rights and help you pursue the best possible outcome for your case.
Call (970) 368-0602 to schedule a free consultation today.