Child Abuse & Effects on Divorce
Colorado Springs Divorce Lawyer
When parents divorce in Colorado, the family law judge is directed by state
law to apply the principle of the
best interests of the children when determining who should receive
child custody and
visitation. The goal is to ensure that the children are left in a situation that
provides them with a safe and stable home environment and that they are
not exposed to the risk of emotional or physical trauma.
One issue which sometimes comes up in a divorce between parents is an accusation
that one of the parents has a history of abusing the child, whether the
abuse is emotional, sexual, or violent in nature. Any type of alleged
abuse has the potential to sway the outcome of a divorce against the abuser.
Parents accused of child abuse or who have had protective orders filed
against them may lose custody and/or visitation rights.
Protecting Your Children from Abuse
If your spouse has abused your children, whether it was an isolated occurrence
or an ongoing pattern of abuse, an attorney from Clawson & Clawson,
LLP is ready to help you take action to ensure that your children are
safe from further harm. The first action may be to petition the court for an
order of protection, which can grant you temporary custody and prohibit the other parent from
contacting you and your children in any way. Next, we can investigate
the situation to find evidence that can be used to persuade the judge
to deny your spouse any rights to custody or visitation. With success,
the abuser may be entirely cut off from your children and ordered to make
child support payments to you.
How Protection Orders Can Protect Your Children from Abuse
A successful protection order can protect your children in the following ways:
- Protection orders can require the respondent to cease from certain activities,
such as molesting, intimidating, and otherwise abusing children.
- Protection orders can include "stay away" clauses to prevent
the respondent from going near your home, your children's school and other
places they frequently visit.
- Protection orders can even require the respondent to cease possession or
consumption of alcohol/controlled substances- basically anything the court
thinks is appropriate to protect the children's safety.
Defending Against False Allegations of Abuse
Our firm also represents parents who have been wrongfully accused of child
abuse. We see many cases, unfortunately, in which one parent accuses the
other of abusing the children. Why is this done? It is nothing more than
an intentional attempt to spite the accused and to deny him or her the
opportunity to continue to play a meaningful role the children's lives.
We understand how frustrating and upsetting this situation may be for
you, and want to help you resolve the matter in your favor.
Contact our firm to discuss the circumstances of your case with an experienced Colorado
Springs divorce lawyer.