Skip to content

domestic violence and divorce

Domestic Violence and Divorce in Fort Collins

July 27, 2020
By

Divorce is a stressful event. The threat of violence not only increases this stress, but also puts at risk the people involved. If the threat of violence already exists in a marriage, there is a high likelihood that a divorce will trigger that violence; if the marriage has seen no violence, the additional stress of a divorce can, at times induce violence. Knowing how to protect yourself and those in your care during a divorce is an important part of successfully navigating this incredibly challenging time.

What is Domestic Violence?

Domestic violence is commonly known as physical violence or the threat of physical harm, such as hitting, pushing, spalling or choking, but domestic violence is not limited to physical violence. Domestic violence can also include control and manipulation, both financial and emotional, such as controlling all of the finances or gas lighting. Verbal abuse, such as yelling and screaming, or making denigrating comments can also be considered domestic violence.

Domestic violence is not limited to marriage. While spouses and ex-spouses can be involved in domestic violence, domestic violence may also extend to relationship partners or significant others. Even relatives, including parents, children, and caregivers can be involved in domestic violence, including

What should I do if I or someone I know is experience Domestic Violence?

The following resources are available to victims of Domestic Violence in the northern Front Range:

How can Domestic Violence impact my child custody?

Children should never be exposed to domestic violence or subjected to abuse. The physical, emotional and mental well-being of a child and their future development can be severely impacted by this. The presence of domestic violence and abuse in a marriage could be a significant factor in deciding parenting schedules and how major decisions are made regarding a child, as well as the nature of the communication between parents. Colorado statutes promote the well-being of the child in any custody or parenting responsibilities proceeding. Absent agreement between parties, a judge will determine all parenting responsibilities in the best interest of your child.

How could Domestic Violence affect my divorce?

Courts will not assign blame in adjudicating a divorce. This means that the presence or history of domestic violence should not impact the division of marital property or the awarding of maintenance, commonly known as alimony. However, domestic violence will likely impact any decision regarding who gets to remain in the marital home, how bills like utilities will be paid, and the nature of communication between parties moving forward.

What legal options are available?

There are a number of legal tools available in the event of domestic violence in a divorce.

  • Temporary order of protection: A temporary order of protection is the initial restraining order. The temporary order of protection may prohibit the restrained party from contacting the protected party, possessing guns or ammunition, and more. Colorado courts usually issue temporary orders of protection within 24 hours of filing. A temporary order of protection may be made permanent when the Court finds the acts of domestic violence are likely to continue without Court intervention.
  • Permanent order of protection: A permanent order of protection is an ongoing court order that prohibits the restrained party from having contact with the protected party. It can restrain the restricted party from going to certain places, and other activities like possessing firearms.

How can Domestic Violence be treated in my Divorce or Custody case?

When domestic violence is present in family law matters, a priority is to cease the violence and safeguard the abused party. With the availability of powerful solutions, our Fort Collins family law attorneys will tailor a solution for your unique circumstances. Call us today and see how we can help if you are divorcing or sharing custody and encounter domestic violence.


March 29, 2021
Cost of Divorce

Colorado divorce costs vary from case to case. The reason is that several case-specific factors will impact how much divorce costs, so there is no one-size-fits-all answer to this question. Instead, it’s better to know what divorce costs usually include, as well as the factors that influence those costs and how they may apply to […]

March 5, 2021
How to Establish Paternity

There are several ways to establish paternity in Colorado, depending on whether the identity of the father is known or disputed. Whether you are a mother or a potential father, you can use this helpful step-by-step guide to establish paternity in Colorado. How to Establish Paternity When the Father’s Identity Is NOT Disputed This is […]

February 27, 2021
Can a Divorce Petition Be Withdrawn?

Yes, divorce petitions filed in Colorado can be withdrawn under specific circumstances. If it is not possible to withdraw a divorce petition, there may be alternatives, depending on what each spouse ultimately wants. When a Colorado Divorce Petition Can Be Withdrawn Divorce petitions filed with Colorado courts can be withdrawn or dismissed by the courts […]

February 2, 2021
Age of Emancipation in Colorado

19 is the age of emancipation in Colorado. That means that child support obligations are generally in effect through the age of 18, until the child’s 19th birthday. Here’s a closer look at what emancipation legally means and how it matters in family court cases in Colorado. What Is Emancipation? Emancipation describes the legal age […]

Fort Collins Divorce & Child Support Attorneys

Tom Cossitt

Tom Cossitt, Esq.

Family Law
Suzanne Ewy

Suzanne Ewy, Esq.

Family Law
Carla Jaquess

Carla Jaquess, Esq.

Family Law
Attorney Lisa Vigil

Lisa Vigil, Esq.

Family Law
Jenna Hardesty

Jenna Hardesty, Paralegal

Family Law

Testimonials

  • "I am very appreciative of Toms services. English is a second language to me, and this process seemed difficult because of that barrier. He was very patient and thorough making sure I understood everything before he proceeded. I will recommend him to everyone! He truly cares about you, as does his wonderful, helpful team"

    Abigail
    Review from AVVO

  • "I had a very challenging case, one that could have had indefinite financial consequences. Tom Cossitt evaluated my case and identified several strategies for moving forward. I chose one and Tom developed and implemented that strategy with speed and with the utmost in professionalism. The documents he drafted on my behalf, based on extensive research and case law / precedent were thorough and comprehensive. When the Court ruled, it used the arguments as developed by Tom Cossitt verbatim in its decision, and the case was decided in my favor. Needless to say, I was pleased beyond words. Based on my experience and the outcome of my case, I would highly recommend Tom Cossitt to anyone requiring the services of a family law attorney."

    Dan
    Review from Google

  • "I met with as many as 10 different attorneys before coming across Thomas. After our initial consultation, I was very pleased with his knowledge and realistic expectations. During the really tough time, Thomas kept me calm and helped tremendously to get custody of my daughter. He kept me informed on what was going on and would ask for my input; if it was something that was unrealistic or could be done a different way, Thomas would tell me right away. During the hearings, he was amazing. He kept a professional attitude and was great at cross examinations. He took in all of the facts and evidence, and was able to present them efficiently and effectively. Ultimately helping me gain custody of my child."

    Mitchell
    Review from AVVO

The Cossitt Difference: Fort Collins Divorce Attorneys That Care

AFCC Colorado Logo
Law Week Colorado Logo
Colorado Bar Assocation Logo
Fort Collins Chamber Logo
Super Lawyers Logo
Lead Counsel Verified Logo
Avvo Client's Choice Logo
Expertise Logo

Schedule a Consultation with one of our Fort Collins Family Law Attorneys

(970) 488-1887
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram