Colorado Domestic Violence and Custody: New Law in 2026

• Domestic violence in Colorado covers more than physical assault—it includes coercive control, economic abuse, emotional manipulation, harassment, and stalking (C.R.S. § 18-6-800.3)

• A DV finding does not automatically terminate parental rights, but the DV findings can negatively impact your ability to parent your children in the manner you deem best, and the court will typically determine whether certain safety measures and protocols are necessary to protect a minor child’s best interests and safety. (C.R.S. § 14-10-124).

• Colorado courts are prohibited from ordering mediation when there is a history of domestic violence between the parties (C.R.S. § 13-22-311) over the objection of the victim.

• Court-appointed evaluators must complete specialized domestic violence and trauma training before working on your case (HB24-1350; C.R.S. § 14-10-127.5, Kayden’s Law).

Colorado law (C.R.S. § 18-6-800.3) defines domestic violence broadly as “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” Simply put, Colorado law recognizes DV as:

• Physical violence

• Threats of violence

• Harassment

• Stalking

• Coercion

• Intimidation

• Acts of revenge

• Emotional manipulation 

• Economic abuse 

• Psychological tactics 

A significant aspect of non-physical abuse is coercive control. C.R.S. § 14-10-127.5 (Kayden’s Law) defines it as a pattern of behavior used to isolate, surveil, and restrict the liberty and autonomy of a partner or family member. Coercive control erodes a victim’s well-being without leaving physical marks, and Colorado courts are required to recognize it.

Importantly, Colorado does not treat DV as a separate crime. Instead, it is a designation applied to other criminal acts—assault, harassment, stalking—when the statutory elements are met. That designation triggers serious consequences. Under C.R.S. § 18-6-801, a domestic violence finding can result in enhanced sentencing requirements, such as:

• completion of a mandatory treatment program

• supervised surrender of firearms

• criminal protection orders

• jail or prison time

• designation as “habitual domestic violence offender”

When a domestic violence incident occurs during divorce, the court may issue a civil protection order (CPO) under C.R.S. § 13-14-104.5 or a mandatory protection order (MPO) in a criminal DV case. These orders run concurrently with divorce and custody proceedings and can immediately restrict a party’s parenting time or contact with the other parent.

A protection order does not automatically resolve the custody question—but it creates a record of the court’s safety concerns that directly informs future parenting time and decision-making rulings. If there’s a protection order in place, your parenting time will be scheduled around its boundaries.

Domestic Violence and Mediation Restrictions

Colorado encourages mediation to resolve custody disputes outside of court—but not in DV cases. Under C.R.S. § 13-22-311, courts are prohibited from ordering mediation if there is a history of domestic violence or abuse between the parties unless certain safety conditions are met. This is an important protection: mediation in a DV context can place a victim in a coercive power dynamic that undermines any agreement reached.

You have the right to object to mediation if domestic violence is a factor in your case. My team will ensure that procedural protections are in place and that your safety or your position is not compromised.

Evidence of domestic violence can influence every major issue in a Colorado divorce, especially if children are present. Parental decision-making (the legal authority to make major decisions about your child’s education, healthcare, and upbringing), parenting time (the court-ordered schedule for when each parent is with the child), property division, and spousal maintenance.

Joint Decision-Making

Colorado’s paramount standard in deciding custody is the best interests of the child, as outlined in C.R.S. § 14-10-124. In cases where domestic violence is alleged, however, courts must determine whether DV occurred before considering the best interest factors.

If the court finds that a parent more likely than not (by a preponderance of the evidence) committed domestic violence or other abuse, the law presumes it is not in the child’s best interests to give that parent shared decision-making, particularly if the other parent objects to it.

While this presumption can be overcome, the burden rests on the parent found to have committed abuse. If there is credible evidence that both parties can make joint decisions without compromising the victim’s safety, joint decision-making may remain an option.

Parenting Time

If the court awards parenting time to a parent found to have committed domestic violence, it must impose conditions that protect the child and the other parent. C.R.S.§ 14-10-124 (1.6)(a)

The judge can write specific safety measures into the parenting plan, such as:

• Prohibiting or restricting parenting time

• Limiting contact between the parties

• Requiring protected parenting time exchanges, if allowed

• Ordering supervised parenting time, if allowed

• Restricting overnight visits

• Keeping the child’s and the other party’s address confidential

• Banning substance use before parenting time, if allowed

• Ordering domestic violence evaluation and treatment

If the court orders unsupervised parenting time for a parent who has been accused of domestic violence or child abuse—including by the child—it must provide an on-record explanation of why unsupervised parenting time is in the child’s best interests.

Protecting your reputation, relationship with your children, and parental rights from a false domestic abuse accusation requires a strategic and comprehensive legal approach. The defense focuses on two goals: challenging the credibility of the accusations and demonstrating that a custody arrangement with you serves the child’s best interests.

What to Do If You’re Falsely Accused of Domestic Violence

A false domestic violence accusation can move quickly through the legal system. Taking the right steps immediately can significantly affect both your criminal and family law matters.

• Do not contact the accuser. Any contact—even to deny the accusation—can be used against you and may violate a protection order.

• Document everything. Write down a detailed account of what occurred (or did not occur), including dates, times, witnesses, and any communications.

• Preserve evidence. Save text messages, emails, voicemails, photos, and any records that contradict the accusation. Do not delete anything.

• Identify witnesses. Note anyone who can speak to the events in question or to your character as a parent.

• Contact a family law attorney immediately. An experienced attorney can advise you on both the criminal and custody dimensions of your case before you make any statements or appear in court.

I handle both the family law and defense strategy simultaneously, which is essential when a DV accusation arises in a divorce or custody context.

Our first move is to gather evidence that directly contradicts the allegations, including:

• Witness testimony – Credible witnesses who can provide context or an alibi.

• Expert opinions – Professionals who can challenge psychological or behavioral claims, or private investigators, where necessary.

• Documentation – Emails, texts, financial records, or official documents that contradict the accuser’s narrative.

Under C.R.S. § 14-10-124, the court must evaluate specific custody factors. We will lean into these factors to demonstrate that you are a safe and capable parent, including:

• Physical and emotional health – Present evidence of your stability and capacity for healthy parenting.

• Fostering positive relationships – Demonstrating your efforts to support the child’s relationship with the other parent, despite the accusation.

• Protective actions – Showing the steps you have taken to protect your child, which should not be held against you.

Courts are alert to the possibility that adults can manipulate a child’s statements. I will present any evidence of:

• Coaching – Evidence that the child was influenced to make specific statements.

• Post-separation abuse – A pattern of interference with your parenting relationship designed to alienate the child.

HB24-1350 (2024) requires Child and Family Investigators (CFIs) and parental responsibility evaluators to complete mandatory domestic violence and trauma-informed training before beginning a case. Their reports must include all information obtained about DV and child abuse, and their recommendations must be impartial.

C.R.S. § 14-10-127.5 (Kayden’s Law) further emphasizes child safety and expert qualifications in these cases. I will scrutinize all professional assessments to ensure they meet the required ethical and training standards.

While domestic violence and divorce proceedings are challenging—particularly when children are involved—an allegation or conviction does not automatically end your relationship with your child and may cause challenges to exercising your parenting time and decision-making rights for your children. We will challenge false claims and ensure your child’s well-being is the priority in every custody decision. Call 303-688-0944 or book your consultation online.