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Domestic Violence and Child Custody

Your choice of attorney to represent you during a domestic violence charge is important. Please contact our firm today to schedule a consultation with a knowledgeable criminal defense attorney who can provide a clear explanation of your legal rights and options.

Experienced Denver Criminal Defense Lawyer

I am Andres R. Guevara, an attorney who is a former assistant district attorney who understands how the state prosecutes domestic violence cases. While at the Manhattan District Attorney's Office, I was assigned to the Domestic Violence Unit. Today I represent people who are accused of committing crimes. Understanding how the state prosecutes domestic violence cases helps me, your lawyer, prepare a better defense for clients. I represent clients in Denver, Colorado.

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I am attorney in Denver, Colorado, who is a former prosecutor who now defends criminal defendants. I know that once the wheels of justice start to turn in a domestic violence case, they can be hard to stop. If you are accused of a crime that can affect your future and your reputation, it's important to mount a proactive defense.

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To discuss your case with me, lawyer Andres Guevara, call 888-265-0044 or fill out the contact form below. My law office is in Denver. Hablamos español.

Domestic Violence and Child Custody

Under state law, domestic violence charges should be considered by the court before making any decisions regarding child custody. Thus, those who have been charged with domestic violence may be denied custody rights altogether or granted limited, supervised visitation with their children. Contact Law Office of Andres R. Guevara in Denver, Colorado for more information on how domestic violence charges may affect the outcome of your child custody proceedings. An experienced attorney can review your case and provide you with answers to your questions.

Child Custody - The Best Interests of the Child

The guiding principle used by courts in child custody cases is the best interests of the child. The court will perform an analysis of several factors to determine in each custody case what will be the best custody outcome for the child. Some of these factors include:

  • Each parent's wishes
  • The child's wishes
  • Interaction and interrelationships between the child and each parent and any other siblings or family members
  • The child's adjustment to the home, school and community
  • The mental and physical health of the child and parents

Domestic Violence as a Factor

Every state also requires courts to consider any domestic violence allegations or charges prior to making custody determinations. Many states have adopted the language of the Model Code on Domestic and Family Violence, which creates a presumption that it is not in the best interests of the child to grant the parent charged with domestic violence sole or joint custody.

This presumption may be rebutted under certain circumstances, such as cases where the perpetrator successfully completed a batterer's treatment program, an alcohol or drug abuse counseling program or a parenting class. Also, a court will consider the number of incidents of domestic violence and the proximity of the incidents to the custody proceedings.

Generally, courts do not like to remove a parent completely from a child's life in custody decisions and favor the child maintaining a healthy relationship with both parents. However, in cases were domestic violence occurred or has been alleged, the court may determine it is in the child's best interests to have no or very limited time with the abusive parent.

Conclusion

A domestic violence allegation, arrest or conviction can complicate child custody issues. Contact an experienced attorney at Law Office of Andres R. Guevara in Denver, Colorado to learn more about your best options for maintaining a relationship with your child.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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En Español
  • P. v. MM (2010): Arapahoe county case involving innocent client mistakenly charged with drug sale. Successfully argued for dismissal of case.
  • P. v. C.B. (2010): Felony drug possession case. Successfully argued for suppression of drug evidence in case where police illegally entered an apartment under the pretense of conducting a child welfare check. Case dismissed.
  • P. v. I (2010): Client charged with inciting a prison riot and faced long mandatory prison if convicted. Successfully negotiated plea for probation.
  • P. v. B-G (2009): Arapahoe County felony case in which client was passenger in vehicle containing over 200 grams of cocaine. Over prosecution's objections, and despite the fact that a co-defendant received a two-year prison sentence, successfully argued to the judge for a sentence of probation.
  • P. v. J. (2009): Felony identity theft case in Arapahoe County. Client wrongly accused of being involved in a scheme to defraud when in actuality client was a victim of the same scheme. Case dismissed.
  • P. v. E. (2009): Client falsely accused by third party of illegal weapons possession of a sawed-off shotgun. Case dismissed after attorney investigation into accuser's background and the allegations.
  • P. v. O (2009): Client charged as look-out for alleged felony cocaine drug sales. Case dismissed.
  • P. v. C. (2008): Client accused of public indecency for changing clothes in a secluded part of a park. If convicted, client would have had to register as a sex offender. Client acquitted at trial of all counts.

Law Office of Andres R. Guevara
1733 High Street
Denver, CO 80218
Phone: 720-256-2306
Toll Free: 888-265-0044
Fax: 303-333-9493
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