How to Navigate a Colorado Divorce When You’re a Victim of Abuse

When you’re trapped in an abusive marriage, the decision to file for divorce isn’t just emotional, it’s about survival. You might have been told to wait, blamed for what you’ve endured, or tried to hold your family together. But if you’re here reading this, something has changed. You’re prepared to reclaim your power.

Ending a marriage with an abusive partner in Colorado requires more than legal documents. The process brings fear, uncertainty, and real safety risks. That’s why understanding your rights and having experienced legal support can make all the difference in protecting yourself and your children.

How Colorado Law Defines Domestic Abuse

In criminal law, Colorado defines “domestic violence” as any act or threatened act of violence, harassment, or stalking between people who are or were in an intimate relationship. This covers married couples and domestic partners.

In family law cases, such as those involving divorce or child custody, Colorado civil courts use an expanded definition covering children in abusive situations. Colorado Revised Statutes section 13-14-101 specifies that the term “domestic abuse” can refer to acts of violence, harassment, or coercion of a minor child in the same domicile as the abuser.

Additionally, Colorado has a state-level adoption of the federal law called “Keeping Children Safe From Family Violence Act,” informally known as “Kayden’s Law.” One of the important elements in the Colorado Kayden’s Law is the recognition of “coercive control.” This is a pattern of abuse in which the abuser threatens, humiliates, intimidates, or isolates a person to harm, punish, or scare them.

With these definitions, Colorado law recognizes various forms of domestic abuse beyond just physical injuries:

Forms of Abuse Recognized by Colorado Law

Colorado’s definition of domestic violence is broad and covers more than just physical  contact:

• Physical harm or intimidation: This includes any act or threatened act of violence.
• Emotional or psychological abuse: The law recognizes coercion, control, punishment, intimidation, or revenge as forms of domestic violence, which can include emotional manipulation or psychological control.
• Sexual abuse: Forced sexual contact or coercion is included under “crimes against a person” when used as a method of control or intimidation.
• Economic or financial abuse: Crimes against property, including economic control, fall under the statute when used as a method of coercion or control.
• Stalking, harassment, monitoring, or following: These behaviors are explicitly included as acts of domestic abuse in related statutes and protection order laws.
• Property damage to create fear: Crimes against property, including damaging property or harming animals to intimidate or control, are part of the definition.

When to Act

The most dangerous time for domestic violence victims is often when they try to leave. While domestic violence deaths in Colorado dropped 38% from 2022 to 2023, domestic violence assaults in Denver surged 44% in 2024, showing that abuse continues even as fatal outcomes decrease.

Don’t wait for the “perfect” time. If you’re experiencing abuse, every day you wait could put you and your children at greater risk.

Immediate Steps to Protect Yourself

Call the Hotline

In emergency situations, dial 911 immediately. For round-the-clock domestic violence assistance, reach the National Domestic Violence Hotline at 1-800-799-7233.

Obtain Emergency Protection

If you need legal protection from immediate danger, Colorado law provides several options:

• Emergency Protection Orders (EPO): Law enforcement can help you obtain an emergency protection order on the spot from a judge. These orders can:
  • Remove the abuser from your shared home
  • Prohibit contact with you and your children
  • Restrict the abuser’s access to firearms
  • Grant temporary custody of children.
• Protection Orders: The Colorado Attorney General’s report found that only 19% of domestic violence fatality cases had a protection order history, and only one case had an active protection order at the time of death. These figures suggest that protective orders provide crucial protection while active.

Document the Abuse Safely

Evidence matters in court, but gathering it must be done safely:

• Colorado allows one-party consent recording, meaning you can legally record conversations with your spouse without telling them.
• Keep timestamped records of incidents.
• Email details to yourself using a secure account.
• Upload photos and recordings to cloud storage not accessible on shared devices.
• Tell trusted friends or counselors what’s happening.

Moving Forward: Creating Your Safety Plan

Your safety planning should include:

1. Immediate safety: Identify safe places to go and people to call.
2. Legal protection: File for protection orders and emergency custody.
3. Financial security: Secure your finances and important documents.
4. Communication: Use safe methods to communicate with your attorney.
5. Children’s safety: Develop plans for pick-ups, school, and activities.

The Pervasive Issue of Domestic Abuse in Colorado

These statistics paint a disturbing picture. According to the Colorado Attorney General’s 2024 Domestic Violence Fatality Review Board Report, there were 58 domestic violence fatalities in Colorado in 2023. The majority, or 89%, of victims were female and 89% of perpetrators were male. Even more concerning, approximately 63% of domestic violence fatalities in Colorado involved firearms, making it critical to address weapon access during divorce proceedings.

The Colorado Department of Public Health and Environment reports that one in three women and one in four men have experienced physical violence from an intimate partner in their lifetime.

New Colorado Laws Strengthen Protections for Abuse Victims

Colorado recently enacted significant changes to better protect domestic violence victims in family court proceedings. The new legislation, enacted in 2024 and 2025, mandates the following:

• Housing protections for victims: Survivors of sexual violence may be protected from eviction with the help of a letter from their advocate or therapist. Landlords must also arrange repayment plans with survivors who are behind on rent. In addition, documented survivors are allowed to set up protective measures such as cameras or new locks, without landlord intervention.
• Recognition of coercive control: The law now recognizes that emotional and psychological control can also be part of domestic abuse.
• Strengthened child safeguards: Courts now must prioritize cases where children report domestic violence, child abuse, neglect, or sexual abuse when deciding whether to interview the child privately in chambers.
• Stronger consideration of children’s preferences: When allegations of domestic violence exist, courts must give strong consideration to a child’s stated preference if it’s consistent with the child’s safety and well-being.
• Better-trained family law professionals: The law requires more training for family investigators and parental responsibilities evaluators to enhance their understanding of abuse nuances like coercive control.

How Colorado’s No-Fault Divorce Laws Affect Abuse Cases

Colorado is a no-fault divorce state, meaning you don’t have to prove your spouse’s abuse to get a divorce. The only ground for divorce is that the marriage is “irretrievably broken.” Yet the abuse still matters greatly in your case.

Though domestic violence can’t serve as divorce grounds, it can greatly affect:

• Property division: Courts may award a larger share of marital assets to abuse victims, especially in cases involving economic or financial abuse.
• Spousal support: A judge is unlikely to award alimony to a spouse with a domestic violence record, and victims who were financially dependent may receive higher support.
• Parenting time arrangements: A parent with a history of abuse faces reduced chances of obtaining custody. Courts may limit them to monitored visits or require meetings in public settings, or in severe cases, the judge may decide to take away visitation altogether.

How Domestic Violence Affects Child Custody in Colorado

Colorado courts prioritize children’s safety above all else. When domestic violence is involved, several factors come into play:

Best Interest Standard

Courts must consider whether a parent has committed domestic violence when making custody decisions. This can result in:

• Supervised visitation only
• Exchanges in public places
• Restricted overnight visits
• Complete denial of parenting time in extreme cases

Protective Measures

Courts may impose additional protections including supervised exchanges, completion of domestic violence treatment programs, and prohibition from consuming alcohol or controlled substances during parenting time.

Financial Protection During Divorce

Economic abuse can occur alongside other types of abuse in relationships. During divorce, your attorney can help:

• Freeze joint accounts to prevent asset hiding
• Identify hidden assets or debt
• Seek temporary financial support
• Address coerced debt created by your abuser.

Protecting Yourself Online During Divorce

Many abusers rely on technology for surveillance and intimidation. Protect yourself by:

• Using secure devices and accounts your spouse can’t access
• Changing passwords on all accounts
• Being aware that social media posts can become court evidence
• Considering a new phone or secure communication apps
• Having a safety plan for online activities.

Why You Need Experienced Legal Representation

Divorcing an abusive spouse is dangerous territory that requires skilled navigation. At Goldman Law, we understand that divorce isn’t just about ending a marriage. It’s about escaping a situation where your safety and freedom have been threatened.

• We become your shield: Once we take your case, we handle all communication with your abuser and their attorney. No more manipulation tactics. No more guilt trips. We speak for you and ensure your story is told correctly in court.
• Comprehensive protection: We help you obtain protection orders, develop safety plans, and pursue emergency custody arrangements to protect you and your children. Our approach addresses both immediate safety needs and long-term legal protection.
• Our experience makes the difference: Managing attorney Scott Goldman brings extensive experience handling complex family law cases, including those involving domestic violence. With an LL.M. in Taxation from the University of Denver and years of jury and bench trial experience, Scott understands both the legal complexities and emotional challenges these cases present.

Client Success Stories

Our clients trust us during their most vulnerable moments:

“Scott Goldman is a phenomenal lawyer. Not only did he represent my case well, but he was so clearly knowledgeable and passionate about our case that he was able to put my mind at ease during one of the most distressful times of my life. I would highly recommend Goldman Law LLC to anyone going through a custody case.”

“I contacted Mr. Goldman for help with a custody case and since then it’s been a comfort to know that I’ve got him working hard to help me with my case. He’s been nothing but professional, courteous and understanding. My main concern was not the case itself but staying focused on the best interest of my child and Mr. Goldman let it be known that his focus would be the same.”

Contact Goldman Law Today

You don’t have to face this alone. Goldman Law has established itself as a top-rated Colorado divorce and family law firm, with a proven track record of protecting clients in high-stakes custody and domestic violence cases.

Why choose Goldman Law:

• Extensive experience with domestic violence cases
• Skilled trial attorneys who aren’t afraid to fight for you
• Comprehensive approach addressing safety, custody, and financial protection
• Compassionate representation during your most difficult time
• Track record of successful outcomes for abuse survivors

Your abuser may have controlled your finances, your confidence, and your decisions. But they can’t control your right to legal protection. At Goldman Law, LLC, PC, we don’t just handle paperwork—we help you reclaim your life and protect your children’s future.

Call (303) 656-9529 today for a confidential consultation. Don’t let another day pass feeling trapped and afraid. You deserve protection, respect, and a future free from abuse.