Often, divorce brings out the worst in people. Each spouse is experiencing an excruciating loss—loss of a partner, loss of a lifestyle, and loss of a dream. Every person handles this loss differently. Some spouses may lash out in physical violence, while others may make false or exaggerated claims of physical violence.
In cases involving domestic violence, men are more commonly the accused of perpetrating such violence. Claims of domestic violence can adversely affect the husband’s rights in a divorce and/or child custody proceeding. In addition to the aforementioned civil consequences, the accused may also face criminal charges. It is highly recommended to consult an experienced domestic violence attorney when preparing a defense to allegations of domestic violence.
Domestic violence accusations can lead to serious criminal and civil consequences. Sharon Liko is an experienced domestic violence lawyer, who defends the rights of men, in both criminal and civil proceedings related to domestic violence accusation.
Should you be faced with domestic violence accusations or charges, it is imperative that you contact an experienced attorney immediately. Attorney Sharon Liko has over thirty years of experience defending men against domestic violence charges. Contact Sharon D. Liko, P.C. today at (303) 534-4888 to schedule a confidential consultation.
Sharon Liko represents men across Colorado, including Denver, Aurora, Colorado Springs and Boulder. She is also licensed to practice in Texas.
Domestic violence is not explicitly defined by one, single statutory provision under Colorado law. Several actions or conduct may be considered domestic violence. Domestic violence is broadly defined in C.R.S. 18-6-800.3 as the following:
Several classes of persons are considered to be a “person with whom the accused has an intimate relationship”. It is not necessary that the parties be married or be involved in a sexual relationship for the relationship to meet the statutory definition. The following relationships are considered “intimate relationships” for domestic violence purposes:
The relationship must be more than a roommate, friend, or acquaintance. There must a romantic or parental dynamic to the relationship. This is a fact intensive determination. Ordinarily, the court considers the following factors in determining whether a relationship is an intimate relationship:
Should an individual be accused of domestic violence, it is critical to contact an experienced domestic violence attorney. Just because the man may not consider his relationship with the alleged victim “intimate”, it is possible to court may determine so. It is imperative to consult a skilled domestic violence attorney to prepare a proper defense. A domestic violence accusation can jeopardize child custody and the accused’s freedom.
Further, domestic violence also compromise of crimes, against a person or property, which are intended to coerce, control, intimidate, or seek revenge against a person with whom the accused had an intimate relationship.
This portion of the statute is more broad than the aforementioned “act or threatened act” aspect of domestic violence. There is no requirement that the particular act be considered traditionally violent towards the alleged victim. The statute covers crimes against both the person and property, including animals.
For example, a husband may destroy his wife’s clothing and shoes following an argument when she is not present. This act may be construed to control, coerce, intimidate, or seek revenge, thus, satisfying the elements of domestic violence.
There is a wide array of offenses that constitute domestic violence. It is highly recommended that a knowledgeable domestic violence attorney prepare the defense.
Domestic violence accusations have a criminal and civil component. It is imperative to consult an attorney who is experienced in both criminal law and family law, should domestic violence accusations arise.
The mere accusation of domestic violence is likely to result in a protective order, also called a "no contact" order. To obtain a temporary protective order, your wife or ex-wife merely has to show to a judge that she was the victim of a threatened, attempted or actual act of violence by you, and that she is in imminent danger. You do not get a representative in this hearing.
If the judge believes her, then he or she will make a temporary order. Within 14 days, there is a hearing for a permanent order. You do have the opportunity to have an attorney in this proceeding.
A protective order can prevent you from going within a certain distance of the victim. It can change custody arrangements. It can order you out of your home. It can require payments for support. It can prohibit you from possessing a firearm.
Violation of a protective order is a crime in itself that can result in jail time.
The penalties or consequences in criminal proceedings depend on the criminal offense committed. As earlier stated, a wide variety of offenses constitute domestic violence.
For example, an individual convicted of domestic violence harassment (a class three misdemeanor) may face up to six months in jail and/ or a fine. A conviction of domestic violence second degree assault, on the other hand, is a class four felony. The individual may face between two to six years imprisonment and a fine of $2,000 to $500,000.
In addition to the criminal law aspect, a domestic violence aspect may jeopardize the child custody arrangement. The court decides the appropriate child custody arrangement based on the “best interests of the child”.
The best interest of the child is a factual determination based on several, non-exhaustive factors. The physical, emotional, and mental health of the child is a significant consideration. Depending on the facts of the case, the court may determine that sole custody or supervised visitation is appropriate because of the domestic violence accusations.
The consequences for domestic violence are severe. The accused can potential lose his freedom and relationship with his child. An experienced domestic violence attorney can appropriately explain his rights, defenses, and legal options. It is imperative to consult a knowledgeable attorney during this process.
National Domestic Violence Hotline: The National Domestic Violence Hotline is a national organization that provides confidential, free of cost services that immediately aid and support victims of domestic violence. This organization provides educational resources for victims or survivors of domestic violence and their families.
Colorado Coalition Against Domestic Violence: The Colorado Coalition Against Domestic Violence is a local organization that provides resources for victims of domestic violence. These resources include counseling, education, and crisis intervention.
If you face domestic violence accusations, then there could be very serious consequences. Denver domestic violence lawyer Sharon Liko fights for the rights of men facing domestic violence accusations. She can advocate for you in criminal court, in protective order hearings, in resulting custody battles or any other legal matter that can stem from domestic violence claims. Call Sharon D. Liko, P.C. today at (303) 534-4888 to set up your consultation.