A Frank Discussion About Domestic Violence
Nobody condones family violence. It needs to be addressed to avoid a party being bullied by a family member or by the legal system. It is important to understand that allegations of domestic violence are often used to gain an unfair advantage in a divorce.
In Colorado, any act alleged to have been committed as a means of coercion and control comes under the classification of domestic violence. This can be throwing a coffee cup on the floor in exasperation or grabbing your spouse’s wrist in an attempt to get their attention to discuss an important matter. (These are real-life examples from cases I’ve handled.)
Neither of these is appropriate; neither of these is something a person would be proud of. But the lifetime consequences of a domestic violence perpetrator classification could be horrific.
As a “classification” as opposed to a separate offense, the prosecution may be relieved of the burden of proving the coercion and control aspect beyond a reasonable doubt, as they would with other elements of the crime. This is subject to the individual trial judge and a detailed record is made at trial, but at this point, judges have been exercising this authority (rightly or wrongly). It may be overturned some day on appeal, but that could take years.
Put Our Experience to Work for You
Our grasp of divorce and domestic violence cases stems from more than 30 years of experience in the law. Our firm’s founding attorney, Lori Crystal, can advise you intelligently even in those matters where the law may be gray or developing.
That experience includes time in the courtroom right here in Douglas County. Not everybody needs to go to court to achieve their goals during a divorce, but should it become necessary, you will know you have a law firm in your corner that knows how to try a divorce and domestic violence case.
When you’re wondering whether you need a lawyer, or you know you need a lawyer, you want to get in quickly and you want somebody who will listen. You don’t want to hear a lot of legal theory or be given creative interpretations that might be applicable to your situation. You want to know what your options are, how long you have to make a decision, and most importantly, what you can do now to make things better.
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