It is a common misconception that only women are victims of domestic violence. This is untrue. According to a national survey, 1 out of every 14 men is a victim of domestic violence. Almost 20 percent of males are injured during a physical assault by an intimate partner.
Under Colorado law, a man has the same legal protections as a woman, in these cases. A man has the right to report abuse to law enforcement and seek a domestic violence order. The female perpetrator is subject to the same criminal and civil consequences related to a domestic violence offense.
Domestic violence can have serious consequences, especially concerning child custody. A male victim should report such domestic violence, not only for his protection, but also for the health and welfare of the child.
A wide variety of crimes and offenses are considered domestic violence. It is highly recommended to consult and experienced domestic violence attorney to identify the rights and protections available following an act of domestic violence.
Domestic violence is a serious offense irrespective of the victim’s gender. Men deserve protection from domestic violence. Attorney Sharon Liko has years of experience advocating for male domestic violence victims’ rights. Contact Sharon D. Liko, P.C. today at (303) 534-4888 to schedule a confidential consultation.
Sharon Liko represents men across the Denver Metropolitan area, including Denver County, Arapahoe County, Jefferson County, and Adams County. She is also licensed to practice in Texas.
Domestic violence consists of many crimes and offenses under Colorado law. Colorado Revised Statute 18-6-800.3 defines domestic violence as an act or threatened act of violence against a person with whom the accused has or had an intimate relationship. Domestic violence also includes any crimes intended to coerce, intimidate, control or seek revenge against such person.
In most cases, domestic violence is a factual determination. The court must determine whether the individuals had an intimate relationship and/or whether the crime had the requisite intent to coerce, control, intimidate, or seek revenge. It is important to consult an experienced domestic violence attorney to appropriately prepare the case against the perpetrator.
For more information about offenses or crimes that constitute domestic violence, click here.
Generally, a victim of domestic violence will apply for a protective order (commonly referred to as a restraining order or no contact order).
A protective order is an ordered issued by the court, which informs the perpetrator that she must refrain from all contact with the victim. The judge may add additional, specific restrictions to the restraining order. The protective order extends to the victim and his immediate family.
In Colorado there are several ways a protective order may be issued. Commonly, an individual will seek:
Protective order in criminal proceedings;
Customarily, a civil or criminal protective order will contain the following directives:
To stay away from the victims home and/or work;
Violation of a protective order has serious consequences. Should the perpetrator violate the protective order, she is subject to criminal penalties. Violation of a criminal protective order is a class 1 misdemeanor, which is punishable by up to 18 months in jail. Violation of a civil protective order is a class 2 misdemeanor, which is punishable by up to 1 year in jail.
Domestic violence against a male is treated in the same manner by family courts as domestic violence against a female. The violent nature of the wife or mother of the child is taken into consideration when determining child custody and visitation.
The court will order the appropriate child custody and visitation arrangement based on the “best interest” of the child. The best interest of the child is a factual determination based on certain factors. One of the paramount considerations is the mental, physical, and emotional health of the child. The court will consider whether the act of domestic violence against the husband or father of the child is an isolated event or pattern and the effect on the child.
It is important to consult an attorney experienced in both domestic violence law and child custody during this process. A skilled attorney will advocate for the appropriate child custody and visitation arrangement based on the unique facts of the case.
Men often feel they are alone when encountered by domestic violence; however, this is not true. Men must report domestic violence for his safety and that of his children. The following resources are available.
Denver District Attorney’s Office? Resources for Victims of Domestic Violence: The Denver District Attorney’s Office provides a variety of resources for male victims of domestic violence, including safe shelter information and the Colorado Coalition Against Domestic Violence.
The National Domestic Violence Hotline:The National Domestic Violence Hotline provides several resources for survivors of domestic violence, including articles pertaining to men as victims of domestic violence.
Center for Domestic Violence: Based in New York City, the Center for Domestic Violence provides residential and non-residential services, including counseling, support group, and advocacy services.
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.