Domestic violence is often a dirty secret kept hidden behind closed doors. Friends and family are often not aware of the abuse. If the abuse is reported to the authorities, the spouse is often reluctant to follow through with charges. This makes it difficult to prosecute the offender, even when the abuse turns violent.
Divorcing an abusive partner can also be difficult and risky. You may also be dealing with the impact of Colorado domestic violence laws. These laws can impact your pending divorce. This is when evidence is crucial to prove your case and be successful in your divorce. However, the complexity of evidence in domestic violence can also stall even the best-planned case.
Colorado is a no-fault divorce state. This means couples can divorce without citing a specific reason. For example, some states legally require a reason for the divorce like adultery or spousal abandonment. In Colorado, couples can divorce simply because they’re no longer happy in the marriage.
When both parties are in agreement about all terms of the divorce, it can usually proceed uncontested through the court. If both divorcing spouses can’t come to an agreement, it’s considered a contested divorce, and this typically means litigation is necessary.
Unfortunately, when domestic violence is involved, most couples end up in a contested divorce. This can be an especially risky time for the abused partner. Talk to law enforcement about your concerns, along with your Colorado divorce attorney.
Juries and judges expect to hear and see evidence in any type of criminal case. This includes divorce cases involving domestic violence.
Did you know that one in three women and one in four men experience some form of violence at the hands of their partners? The type of violence varies from shoving and pushing to slapping, hitting, and kicking. Regardless of the type of abuse, you have a legal right to press charges.
Testimonies are given under oath. If the witness lies, perjury charges are possible. Perjury is a misdemeanor offense that carries fines and potential jail time. The punishment for perjury is typically left up to the presiding judge.
Most testimonies are given in open court, but there can be exceptions. If the witness is intimidated or threatened by the defendant, occasionally asylum may be granted. This allows the witness to deliver their testimony in writing or by video. Along with your testimony as the victim, the prosecuting attorney may also call direct, expert, and character witnesses.
Direct witnesses are individuals with firsthand knowledge of the abuse. They witnessed the violence against you on one or more occasions. Expert witnesses do not need direct knowledge of your abusive situation. Instead, they’re experts in their field and are called to clarify points the court may not be familiar with. Character witnesses may not be able to testify about the abuse, but they can verify your character.
Sometimes, character witnesses are a vital part of your domestic violence case. Your abusive partner may try to discredit you in court, and these witnesses can refute the defense’s claims.
Physical evidence is tangible. The judge and jury can hear or see the evidence. Some examples of physical evidence include, but are not limited to:
Even torn-up documents can be entered as evidence in a domestic violence case. The primary requirement is that the evidence must be related to supporting your claim. In other words, your attorney can only introduce relevant information.
Hearsay evidence is a touchy subject. The evidence is hearsay since it can’t be verified. While hearsay testimony is rarely allowed in court, it can often be introduced during the penalty phase.
This type of testimony isn’t as powerful as physical evidence, but don’t discount it as worthless. Sometimes, hearsay can be used to back up a photo or audio recording. Hearsay can be the difference between the abuser getting a light or harsher penalty.
Even though going through a divorce can be an emotional and frightening experience, you can successfully navigate the legal process. If you find yourself going through a contested divorce, contact a family law attorney. Sometimes, it’s best when you don’t go through the legal process alone, especially when abuse is a factor.
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