Domestic Violence and Divorce in Colorado
If you are in an abusive relationship and considering divorce, your safety comes first. Everything else—the legal process, the financial concerns, the custody questions—is secondary to getting yourself and your children safe.
Colorado has legal tools designed to protect you. Understanding what they are and how they work is the first step.
Protection Orders
Colorado offers both temporary and permanent civil protection orders (commonly called restraining orders). A temporary protection order can be issued the same day you file, without the other party being present. It’s effective immediately and typically remains in place for approximately 14 days until a permanent orders hearing.
At the permanent orders hearing, both sides present evidence. If the court finds domestic abuse occurred, it can issue a permanent protection order—which, despite the name, lasts indefinitely but can be modified. Protection orders can include provisions requiring the abuser to stay away from you, your home, and your workplace, as well as temporary custody provisions.
Impact on Custody
Colorado law specifically includes domestic violence as a factor in custody determinations. A parent who has committed domestic violence faces an uphill battle for parenting time and decision-making authority. The court must consider the safety of the children and the abused parent, and may restrict or supervise the abusive parent’s contact.
This doesn’t mean an abusive parent automatically loses all parenting time. But it means the court takes it seriously, and the protective parent’s evidence of abuse—police reports, medical records, protection order filings, testimony—carries real weight.
Safety Planning
If you’re still in the home with an abusive spouse, talk to a domestic violence advocate or attorney before you file. The filing itself can escalate danger. A safety plan—which may include securing documents, establishing a safe place to go, and coordinating the timing of the protection order with your departure—can make the difference between a safe transition and a dangerous one.
At Burnham Law, we handle cases involving domestic violence with the seriousness and urgency they demand. Your safety is the priority. Everything else flows from there.