Domestic violence can have a profound effect on the entire family, even if it only involves the parents. When it leads to the end of a marriage, domestic violence can affect the divorce proceedings. It can also have an impact on a judge's decision about custody of any minor children in the family. This article explains how Colorado law deals with the issue of domestic violence and child custody.
Under Colorado's criminal law, domestic violence includes violence and threats of violence against anyone who is or has been in an intimate relationship with the abuser—including spouses, unmarried couples, or co-parents. Domestic violence also includes other crimes (including crimes against animals or property) that are used as ways to intimidate, control, or punish an intimate other. (Colo. Rev. Stat. § 18-6-800.3 (2025).)
The definition of domestic violence is even broader in the context of Colorado's child custody laws. In addition to violence and threats of violence, it includes any action or threatened action that's used as a way to control, intimidate, or punish someone who is or has been in an intimate relationship with the abuser. This can include behaviors such as:
(Colo. Rev. Stat. § 14-10-124(1.3) (2025).)
If you and your co-parent can't work out a custody agreement (often called a parenting plan) when you're divorcing, a judge will decide:
Under Colorado's child custody laws, judges must consider a long list of factors when making these decisions. Those factors include any report of domestic violence in the family that's been submitted by a court-appointed custody evaluator, child and family investigator, or legal representative for the child. The judge may also consider testimony about domestic violence from other witnesses, including the parents, therapists, and school personnel.
The fact that a parent has been guilty of domestic violence doesn't necessarily mean a judge will completely cut off that parent's contact with the child. In most circumstances, Colorado's lawmakers have decided that it's in children's best interests to have frequent and continuing contact with both parents. At the same time, they recognize that co-parenting isn't always appropriate.
(Colo. Rev. Stat. § 14-20-124(1.5) (2025).)
To balance the requirements of the child's safety and the importance of having a relationship with both parents, Colorado law sets out specific requirements when the evidence supports claims of domestic violence or child abuse (or neglect) in custody cases. Among other things, the judge must:
(Colo. Rev. Stat. § 14-20-124(4) (2025).)
In cases involving proven claims of domestic violence or child abuse, judges must consider whether to impose conditions on parenting time that will protect the child, the abused parent, or any other family or household member. Potential conditions include:
(Colo. Rev. Stat. § 14-20-124(4) (2025).)
If you're a victim of domestic violence, you can request a protection order to help keep you safe by limiting your abuser's contact with you and prohibiting your abuser from doing anything harmful to you, like harassing, stalking, or assaulting you. You can find the forms and instructions on the Colorado Courts' Protection Orders page. Colorado Law Help also provides kits and step-by-step instructions for protective orders.
Colorado has several organizations that provide services for domestic violence survivors. You can find local resources by using Violence Free Colorado's search tool.
When you're in a custody dispute that involves claims of domestic violence or child abuse, you should at least speak with a lawyer if at all possible. An experienced family law attorney can help you gather and present the evidence you'll need to prove (or disprove) those claims—and to make sure that the judge's custody orders will best protect the safety and welfare of your child. If you can't afford to hire a lawyer, you can find a list of organizations in Colorado that provide free or low-cost legal services to abuse victims at WomensLaw.org.