If you’re facing a domestic violence charge while divorcing, ordinary family decisions can suddenly become legal questions. Going home, answering a text, or picking up your child may require a close look at a court order first.
In Colorado, domestic violence allegations can affect contact with your spouse and decisions about your children. A criminal charge does not automatically decide the divorce, divide your property, or settle parenting arrangements. The criminal case, any protection-order proceeding, and the divorce each have their own rules.
Start by understanding the orders already in place. Then make sure your criminal defense lawyer and your family-law lawyer know about all the related cases.
What does a domestic violence charge mean in Colorado?
In a criminal case, domestic violence is generally a designation attached to an underlying offense, such as assault. Colorado’s criminal-law definition covers violence or threatened violence between people in an intimate relationship. It also covers other crimes used to coerce, control, punish, intimidate, or take revenge against an intimate partner. Spouses and former spouses are included.
The criminal-law definition is not interchangeable with every use of the word “abuse” in a family-court dispute. Your lawyer needs to identify the alleged offense, the evidence supporting it, and any applicable defenses.
Under Colorado’s arrest statute, police must make an arrest when they determine there is probable cause to believe a domestic violence crime occurred. The law does not require an arrest simply because someone makes an accusation. An arrest also is not a conviction. Those are both very important pieces of information.
Keep the different court orders straight
More than one court order may affect the same family. Keep a copy of each, including later changes. Similar wording does not make the orders interchangeable.
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Court papers |
What to check |
|---|---|
|
Criminal protection order and bond paperwork |
Who is protected, prohibited contact and locations, release conditions, and the next criminal hearing. |
|
Civil protection order |
The exact restrictions, who they protect, the hearing date, and whether the order is temporary or permanent. |
|
Divorce and parenting orders |
Parenting time, decision-making authority, exchanges, permitted communication, and other family-court requirements. |
A criminal protection order is issued in the criminal case. Its terms may include staying away from a home or avoiding direct and indirect contact. Bond conditions are separate requirements that also need attention.
A civil protection order follows a different process. The Colorado Judicial Branch’s Guide to Civil Protection Orders explains the temporary-order and permanent-order hearings. If you receive those papers, give them to your lawyer promptly.
Do not assume a parenting schedule authorizes contact forbidden by another order. If the documents appear to conflict, ask your lawyers to seek clarification or changes from the appropriate court before you act.
Before you contact your spouse or return home
Read the actual restrictions, including any exceptions. A friendly message from your spouse, an invitation to come home, or an informal agreement about the children does not change a court order.
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Check every protected person and location. An order may cover your spouse, children, or specific places.
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Review communication rules. A text about school, a message through a relative, or a parenting-app message may still be prohibited.
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Ask about a lawful way to collect belongings or arrange child exchanges. Don’t create an exception for yourself.
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Follow any firearm, weapon, or surrender requirements in the order. Ask your lawyer to explain anything unclear immediately.
Your lawyer can evaluate whether to request a change and what safeguards to propose. A request does not change the restrictions; follow the existing terms unless the court changes them. Maher’s guide to domestic violence pretrial conditions explains more about release conditions and compliance.
Coordinate your defense and your divorce case
Your criminal defense lawyer and family-law lawyer need the same current information. Before submitting a sworn statement, testifying, or agreeing to terms about the alleged incident, ask how that step could affect both cases. This is a reason to coordinate legal advice promptly, not to ignore a filing deadline, subpoena, or hearing.
Put together a file with:
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Court documents: charging papers, every protection order, bond terms, divorce filings, and current parenting orders.
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A dated timeline: the alleged incident, police contact, service of papers, hearings, and later changes to restrictions.
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Original communications: complete message threads, emails, voicemails, and relevant call logs, with dates and context.
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Potential evidence: photos, witness names, and information about recordings or records your lawyer may need to obtain lawfully.
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Immediate concerns: housing, work, school transportation, belongings, and any upcoming exchange or court date.
Preserve relevant material without editing or deleting it. Don’t access someone else’s private account or contact a protected person to gather evidence. Give your lawyer the information you already have and identify what may need to be requested.
Avoid trying to resolve the allegation through social media or by asking relatives to negotiate with your spouse. Keep questions about the case with your legal team, and follow the communication restrictions in your orders.
Get advice about the charge and the orders
Maher & Maher Law represents people facing domestic violence charges in Colorado Springs and handles protection-order matters. A case review can help identify the allegation, the evidence, the restrictions in place, and the next decisions that need attention.
Bring the court papers and your immediate questions. Call 719-301-7500 or request a free consultation. If a divorce is also pending, tell the attorney who is handling the family-law case so the related issues can be addressed with the right counsel.
Frequently asked questions
Can my spouse drop the domestic violence charges?
Your spouse cannot end the criminal case simply by withdrawing the complaint. The 4th Judicial District Attorney’s Office explains that dismissal is a prosecutor’s decision requiring a judge’s approval; the reporting person’s wishes do not control the outcome. Do not contact your spouse to seek a dismissal if an order prohibits contact.
Can we communicate just about our children?
Only if the applicable orders permit that communication. Check the permitted method, topic, and any other conditions. A parenting app or third-party message is not automatically an exception to a no-contact restriction. Ask your lawyer to address a necessary change through the court.
Will a domestic violence charge automatically end my parenting time?
No. The family court considers the evidence, the child’s safety, and the applicable legal standards. Existing orders may already restrict contact, and a domestic violence finding requires safety-focused parenting conditions. Your lawyer needs to review both the criminal orders and the parenting case.
Can the divorce court consider domestic violence without a conviction?
Yes. The family court can make its own findings under the standard governing parenting decisions. Do not assume that the absence of a criminal conviction resolves the family-court issue. Share the status and evidence from both cases with your lawyers.
Do I need a criminal defense lawyer or a divorce lawyer?
If both cases are active, you need advice covering both areas. A criminal defense lawyer addresses the charge, criminal evidence, and criminal-court restrictions. A family-law lawyer addresses the divorce, finances, and parenting case. Confirm each lawyer’s role and how they will coordinate.
This article provides general information about Colorado law. It is not legal advice for a particular case.