As a Colorado Springs resident navigating the complex intersection of criminal charges and family law, you must understand how these two distinct legal realms can collide and impact your case. Whether you’re going through a divorce, child custody battle, or other family-related proceedings, any criminal history or ongoing charges can significantly influence the outcome.
Don’t fear or a misunderstanding of Colorado law stop you from fighting for your rights. With an experienced Colorado Springs criminal defense and family law lawyer on your side, you can fight criminal charges while in family court.
Navigating the Differences Between Family Court and Criminal Court
From the start, you must recognize that family law and criminal law are separate legal processes, each with unique objectives and procedures. In family court, the primary focus is on resolving divorce, child custody, asset division, and spousal support matters. The court’s goal is to legislate and mediate these familial disputes, not to determine the guilt or innocence of any criminal activity.
On the other hand, criminal court proceedings center around establishing whether an individual has committed a crime and, if so, imposing the appropriate penalties. The court’s primary concern is not family law issues but upholding the law and ensuring public safety.
Despite these distinct differences, criminal charges and family law cases can intersect in significant ways. You must keep the family court informed of any existing criminal orders, such as restraining orders or protective measures, to avoid potential conflicts and ensure the court can make decisions that prioritize the best interests of any children involved.
See Also: Nine Tips for Avoiding Costly Divorce Mistakes
The Impact of Criminal Charges on Family Law Cases
When criminal charges are involved in a family law case in Colorado Springs, they can profoundly impact various aspects of the case. Understanding how criminal activity can influence proceedings is essential for navigating these complex situations effectively.
Domestic Violence and Its Implications
One of the most common areas where criminal charges and family law intersect is in cases of domestic violence. According to Colo. Rev. Stat. § 18-6-800.3, domestic violence, which can include physical, sexual, or emotional abuse, is a severe criminal offense that can significantly impact custody, visitation, alimony, and property division decisions in a divorce or separation case.
In family court, a history of domestic violence may lead the judge to conclude that the abusive party is not a safe or suitable custodian for the children. This type of criminal history can result in the court granting sole or primary custody to the non-abusive parent, with the abusive parent’s visitation rights potentially being restricted or supervised.
Domestic violence can indirectly affect alimony awards. Colorado Springs family law judges will consider each spouse’s emotional and physical health, education, and employability when evaluating spousal support. If domestic violence has altered any of these factors, this information can influence the final alimony determination.
In states that follow “equitable distribution” standards, like Colorado, domestic violence may also play a role in how marital assets are divided. Judges may take into account how the abuse may have affected the abused spouse’s ability to contribute to the marriage or maintain employment.
Read More: Facing Domestic Violence Charges? How to Equip Your Defense Lawyer for Success
Child Abuse and Custody Implications
Criminal charges that relate to child abuse or neglect have substantial consequences in family law, particularly when it comes to child custody and visitation rights. In Colorado Springs, the court’s primary concern is the safety and well-being of the child, and a parent’s history of child abuse or cruelty can decrease the chances of obtaining custody or even visitation rights.
In certain cases, if one parent has a history of child abuse, felony assault resulting in injury to the child, or attempted murder of the child, the court may terminate their parental rights entirely. In Colorado Springs, it is the court’s goal to protect the child’s welfare, and a parent’s criminal record related to child endangerment is a red flag that can limit their involvement in the child’s life.
Any report of child abuse or neglect will likely involve the Colorado Department of Human Services, also known as DHS. Depending on police evidence and agency recommendations, a criminal case may be filed against the neglectful or abusive parent, further complicating the family law proceedings.
See More: Preparing for a Child Custody Case
Sexual Offenses and Their Impact
Similar to domestic violence and child abuse, criminal charges related to sexual offenses can also have a significant impact on custody arrangements in family law cases. The court’s primary concern is the safety of the child, and a parent’s history of sexual offenses can raise serious concerns about their ability to provide a safe and stable environment for the child.
If a mandatory protection order is put in place in favor of the victim, the offender can be barred from any contact with the child. In some cases, if the child was not the victim and the offender has made considerable progress in therapy, the judge can modify the protection order to allow for limited custody and visitation arrangements.
Also Read: Accused of A Restraining Order Violation? Why You Should Take These Charges Seriously
Other Criminal Charges and Their Implications
Beyond domestic violence, child abuse, and sexual offenses, other criminal charges can also affect family law cases. For example, a conviction for driving under the influence (DUI) can jeopardize the outcome of a custody case, as the child’s other parent may use the charge as evidence of the parent’s unfitness. Even if the DUI does not directly impact custody, it can still alter the visitation arrangement, as a revoked license may make it difficult for the parent to transport the child.
You should also note that criminal charges related to wiretapping, computer security breaches, or tampering with evidence can arise in the context of family law and have legal implications for both criminal and civil proceedings.
Strategies for Navigating Criminal Charges and Family Law Cases
Given the complex interplay between criminal charges and family law cases, you must have a well-thought-out strategy to address these issues effectively. Here are some key strategies to consider:
Prioritize Honesty and Transparency
Being upfront and transparent about any criminal history is necessary when facing a family law case. Failing to disclose such information can severely undermine your credibility with the court, mediators, and opposing counsel and may even result in legal consequences. By prioritizing honesty and providing complete and accurate information, you can establish a foundation of trust and demonstrate your commitment to changing for the better.
Demonstrate Rehabilitation and Personal Growth
If you have a criminal record, you must be willing to provide evidence of your rehabilitation and personal growth efforts. This evidence can include participation in counseling, rehabilitation programs, or community service, which can showcase your commitment to positive change. By emphasizing your rehabilitation and demonstrating proof of your transformation, you can present a compelling case to the court and increase the likelihood of a favorable outcome in your family law proceedings.
Seek Professional Legal Representation
Navigating the intersection of criminal charges and family law can be complex and daunting. Seeking the guidance of experienced criminal defense and family law attorneys, such as those at Perkins Law in Colorado Springs, is highly recommended. A skilled legal professional can provide invaluable advice, support, and advocacy. By considering your unique circumstances, your lawyer can help you understand the legal implications, develop an effective strategy, and present your case in the most favorable light.
When You Need A Solid Defense, You Need Perkins Law
The intersection of criminal charges and family law cases can be challenging and sensitive, with significant implications for the outcomes of your case. Transparency, rehabilitation, and professional legal representation are vital to navigating these complex situations successfully. Whether you are facing domestic violence allegations, child abuse charges, or other criminal issues, always hire an experienced family law attorney to guide you through the process and help you achieve the best possible outcome for you and your family.
For guidance on navigating the intersection of criminal charges and family law in Colorado Springs, contact Perkins Law. Schedule a free, confidential consultation with one of our experienced attorneys today and regain your peace of mind.
