Domestic Violence in Divorce and Custody Cases

This guide is for Coloradans who are filing or going through a divorce or custody case and are survivors of domestic violence. It explains: 

• How domestic violence can affect your case  
• What protections the law provides 

You’ll learn how judges consider safety when making decisions about parenting time, decision-making, and spousal support. 

What is domestic violence in divorce and custody cases?

Domestic violence includes acts or threats of violence against someone you’ve had an intimate relationship with or a family member, including a child. 

It can also include harm or threats against property or pets when used to control, punish, or intimidate you.

Domestic violence includes stalking, sexual assault, coercive control, economic abuse, and human trafficking. Coercive control means a pattern of threatening, humiliating, or intimidating actions used to harm, punish, or scare someone. Coercive control is a pattern of behavior that takes someone’s freedom away and can include isolation, monitoring activities through technology, controlling finances, or degrading someone.

Colorado law requires courts to put child safety first.

If the judge finds that domestic violence happened, they must prioritize the safety of the child and the abused person when making orders about parenting time and decision-making. 

How does domestic violence affect parenting time?

If a domestic violence claim has been made, before ordering parenting time, the judge must consider:

• Whether one person committed an act of domestic violence

  or 

• Engaged in a pattern of domestic violence 

  or

• Has a history of domestic violence

If the judge decides that one parent has committed domestic violence, they must make sure that any parenting time plan protects the child and the abused parent. The judge must put the safety and emotional well-being of both the child and the abused parent first when making these decisions and can put certain conditions on parenting time. 

The judge can place conditions on parenting time, including:

• Limiting contact between the parents
• Supervised parenting time
• Restricting overnight visits
• Keeping addresses private
• Requiring exchanges in safe settings
• Banning alcohol or drug use before parenting time
• Sending child support through the Colorado Family Support Registry to avoid contact

How does domestic violence affect decision-making?

Decision-making covers major choices about your child’s medical care, education, religion, and extracurricular activities.

If you do not agree to joint decision-making with the other parent due to domestic violence, the judge cannot order it unless there’s believable evidence that you can make decisions together without coercion, intimidation, retaliation, or risk of harm to the abused party or the child.

Evidence can include:

• Your testimony
• Witness statements
• Photos, texts, emails, or recordings
• Police or medical reports

Domestic violence evaluations and treatment

If the judge finds domestic violence occurred, they can order:

• A domestic violence evaluation
• Treatment based on the evaluation
• A follow-up evaluation
• A report from the treatment provider about progress and safety

The abusive person may be ordered to pay for these services.

How does domestic violence affect spousal support?

In Colorado, spousal support is called maintenance. It is money the judge may order one spouse to pay the other after a divorce. 

Colorado law requires courts to think about domestic violence—including coercive control, economic abuse, and emotional abuse—when deciding spousal support. This can affect how long spousal support is paid and how much is awarded.

Domestic violence is one of many things the judge looks at when deciding spousal support. Being a domestic violence survivor doesn’t automatically mean you’ll get support. You’ll need to show other facts that support why you need spousal support from the other person and why they can afford to pay spousal support.

How does domestic violence affect mediation?

Mediation is usually ordered in divorce and custody cases in Colorado. Mediation is a chance for you and the other party to come to agreements about your case.

If you’re not comfortable attending mediation with the other party due to domestic violence, you can ask the judge to not require mediation by filing JDF 608: Motion Re: Exemption from Mediation/ADR Order.

Domestic violence resources

If you are in danger, call 911 or seek other help. If you need other emergency assistance, such as emergency shelter or assistance with a civil protection order, then you may seek assistance from the organizations listed below.

Colorado Legal Services
Phone: 303-837-1313
https://www.coloradolegalservices.org/ 

Rocky Mountain Victim Law Center
Phone: 303-295-2001
https://www.rmvictimlaw.org/ 

Love Is Respect
Phone: 1-866-331-9474
https://www.loveisrespect.org/ 

National Domestic Violence Hotline
Phone: 1-800-799-SAFE (7233)
https://www.thehotline.org/   

United Way 211 
Phone: 211
https://www.211.org/ 

Violence Free Colorado
https://violencefreecolorado.org/find-help/survivor-resources/

The Safety Net Project
https://www.techsafety.org/ 

National Network to End Domestic Violence
https://nnedv.org/   

Need more help?

If you are low-income, a senior, or a veteran, you may qualify for free legal help from Colorado Legal Services (CLS). To apply or ask if you might qualify, go to the CLS website and find the office that serves your area. If you call or visit, CLS can help you in your native language.

You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.