A color-coded family calendar on a refrigerator, two house keys beside it

Abuse allegations in a custody case.

An abuse allegation in a custody case triggers procedures the judge cannot skip, but the allegation does not decide the case. What decides it is the evidence, the pattern, and how you conduct yourself from the day it is made.

  1. 01Three things that decide these cases
  2. 02The standards, in plain language
  3. 03The order is the beginning, not the end
  4. 04How I defend it
  5. 05The other side of this page
  6. 06Before you do anything else
  7. →What people ask first
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Three tools, often used together.

A civil protection order is a court order that keeps one person away from another. In a family case it usually bars all contact, can put the restrained spouse out of the home, and can give the other parent temporary care of the children. It starts as a temporary order, granted by a judge the same day on one side’s sworn story, and becomes permanent only after a hearing where both sides are heard (C.R.S. §§ 13-14-104.5, -106).

A motion to restrict parenting time is a request inside the divorce or custody case to cut a parent’s time with the children down to supervised contact, immediately, until a judge can hold a hearing (C.R.S. § 14-10-129(4)). It is the custody-case version of an emergency order.

A criminal complaint is a call to the police. Colorado treats domestic violence as any act or threatened act of violence against a current or former intimate partner — and any crime used to coerce, control, punish, intimidate, or take revenge on that partner — and it requires the officer to make an arrest when there is probable cause (C.R.S. §§ 18-6-800.3, -803.6). Arrest brings a criminal protection order that typically bars contact and can bar a return to the home while the case is pending.

An allegation of abuse is the fastest way to change a divorce: one filing can put a parent out of the house and away from the children the same day. Most allegations are made in good faith; some are made to win. The three tools are a civil protection order, granted the same day on one side’s sworn story and made permanent only after a hearing (C.R.S. §§ 13-14-104.5, -106); a motion to restrict parenting time inside the custody case, which cuts a parent’s time to supervised contact on filing until a hearing within fourteen days (§ 14-10-129(4)); and a criminal complaint, where arrest on probable cause brings a no-contact order at first appearance (§§ 18-6-800.3, -803.6).

A child and family investigator with a notebook at a kitchen table with a mother, while her son colors at the end of the table, the mountains in the window
The report becomes the center of gravity
Protection orderMotion to restrictCriminal complaint
WhereIts own civil case, county court or the divorce courtInside the divorce or custody caseCriminal court, brought by the district attorney
When it is availableAssault or threats, domestic abuse, stalking, sexual violence, abuse of an at-risk adult; a temporary order needs a showing of a risk or threat of physical, psychological, or emotional harmA child in imminent physical or emotional danger from the parenting timeProbable cause that a domestic-violence crime occurred
How fastTemporary order the same day, without the other side; permanent-order hearing within 14 daysTime cut to supervised contact on filing; hearing within 14 daysArrest on the spot; the protection order enters at first appearance
What must be provedAt the hearing: more likely than not that the acts happened and, unrestrained, would continueAt the hearing: the danger is real; a motion found frivolous or vexatious costs the filer the other side’s feesTo convict: beyond a reasonable doubt — but the arrest and the no-contact order come first
What it doesNo contact; out of the house; temporary care of the children to the other parent for up to a yearSupervised time only until the hearingNo contact; often out of the house; a criminal record if it ends in a plea or conviction

Three things that decide these cases.

01
A low bar to start.

A temporary order issues on a showing of a risk or threat of physical, psychological or emotional harm, the standard Colorado adopted in January 2025. The balance comes at the hearing, where the accuser must prove, more likely than not, that the acts happened and would continue.

02
A price for misuse.

A motion to restrict found substantially frivolous, groundless or vexatious costs the parent who filed it the other side’s attorney fees. Colorado also forbids mutual protection orders without separate findings, and knowingly false reporting to police is its own offense.

03
The finding follows you.

A finding of domestic violence or child abuse, as opposed to an allegation, bars joint decision-making over the other parent’s objection without specific findings and lets the court impose safety conditions on parenting time (§ 14-10-124(1.5)(c), rewritten May 2026). Outside the courthouse it reaches firearms, licensing and background checks.

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The standards, in plain language.

Two parents watching a youth soccer game, foothills behind
Who actually shows up

The temporary protection order is granted on one side’s sworn statement if the judge finds a risk or threat of physical harm, or a threat of psychological or emotional harm — the standard Colorado adopted in January 2025, replacing the old “imminent danger” test. That is a low bar by design — the law would rather issue an order that turns out to be unnecessary than refuse one that was needed — and the other side is not there to answer. The balance comes at the hearing, set within fourteen days, where the person who asked for the order has to prove two things by a preponderance of the evidence, meaning more likely than not: that the acts actually happened, and that without an order they would continue. If either half fails, the order ends.

The motion to restrict requires the parent filing it to state that the child is in imminent physical or emotional danger from the other parent’s time. The restriction takes effect on filing, and the court must hear the motion within fourteen days. Colorado built in a penalty for misuse: if the judge finds the motion was substantially frivolous, groundless, or vexatious, the parent who filed it pays the other parent’s attorney fees.

The criminal case runs on two different standards. Arrest needs only probable cause, which is why a phone call is enough to start it. Conviction needs proof beyond a reasonable doubt, which is why many of these cases end in dismissal or a plea to something smaller — but the arrest, the mandatory no-contact order, and the record of the arrest happen long before any of that.

The order is the beginning, not the end.

The immediate damage is obvious: you are out of the house and away from the children. The lasting damage is what that does to the record while the divorce is young. A parent who has been out of the home for two months arrives at the temporary-orders hearing with the other parent describing that arrangement as the status quo the children are used to. Fewer overnights means higher child support, because overnights drive the worksheet. Exclusive possession of the house becomes an argument about who keeps it. And if the order leaves you with supervised time only, the supervision itself becomes a record — one that can end the restriction or extend it, depending on how it is used. How that works, who can supervise, and how it ends: Supervised Parenting Time.

A finding of domestic violence — as opposed to an allegation — has a specific consequence in the custody case. Under C.R.S. § 14-10-124(1.5)(c) — rewritten in May 2026 — once the court finds it more likely than not that a parent committed domestic violence or child abuse, joint decision-making is not in the child’s best interests over the other parent’s objection unless the court makes specific findings that it can occur without coercion, intimidation, retaliation, or risk of harm; and the court can impose safety conditions on parenting time — supervision, protected exchanges, no overnights, treatment. Outside the courthouse, a domestic-violence protection order or plea follows you into federal firearms law, professional licensing, security clearances, and background checks. That is why an allegation is never a side issue in a custody case; it is the case.

How I defend it.

A boy with a rolling backpack on the front lawn, his father’s hand on his shoulder, his mother waiting at the open car door
Two front doors, one child

First, comply completely. Violating any order — even to pick up a laptop, even to answer a child who is texting you — is a crime with mandatory-arrest teeth, and it hands the other side the proof they did not have. No contact means no contact, including through the children, family, or friends, until I have changed the order.

Second, treat the hearing as the trial it is. A protection order that becomes permanent by default, because the restrained parent missed or shrugged off the return date, generally cannot be modified or dismissed for two years. The hearing is a real evidentiary contest: the person who filed must prove the acts and the likelihood they would continue, and I cross-examine them on both. Fourteen days is enough time to win if we use every one of them.

Third, build the record. A neutral timeline of the weeks before the filing. The complete message threads, not screenshots. Location and calendar data. Medical records, or the absence of them. The witnesses who were actually there. And, most often decisive, the accuser’s own words before the allegation — the texts about pickups and school and dinner from someone who now says they were in fear. An allegation that first appears the day after a parenting-time dispute, or the week a settlement offer was rejected, has a timeline, and the timeline is evidence.

Fourth, use the consequences the law provides. Colorado prohibits mutual protection orders without separate findings against each person, awards fees against a parent whose motion to restrict was frivolous, and makes knowingly false reporting to law enforcement its own offense. Where the facts support it, a false allegation becomes a credibility finding the custody court remembers: the best-interests factors ask which parent can put the child’s needs first and encourage the child’s relationship with the other parent, and a parent who used the children as leverage has answered that question.

Fifth, keep the parenting case moving. While the hearing is prepared, I ask the divorce court for a parenting schedule — supervised if it must be for now, with a defined path back to normal time — and, where a neutral evaluation would help, for a CFI or PRE appointed early, so the evaluator sees the whole family rather than one parent’s version of it. How that works: A Parent’s Guide to CFIs and PREs.

The other side of this page.

I represent parents on both sides of these cases. If you are the one in danger, the same tools exist for you and I use them without hesitation. The standard is evidence, not labels: a pattern documented the way the CFI and PRE guide describes — conduct, dates, corroborating records, effect on the child — is what a judge can act on, and it is what I bring to the hearing.

Before you do anything else.

  1. Read the order you were served with, word for word, and comply with it completely.
  2. Do not contact the other parent, directly or through anyone, and do not post about the case.
  3. Write down everything you remember about the incident and the weeks before it — times, places, witnesses, messages — while it is fresh, and send it only to me.
  4. Preserve your phone, your accounts, and your records exactly as they are. Do not delete anything.
  5. Calendar the hearing date and call me before the day is out.

What I tell every parent facing a false allegation.

Five things, in the first forty-eight hours.

Two people going through the first box of records and a laptop
  1. Comply with every order, immediately.

    A temporary restriction or a no-contact order is obeyed to the letter while it is challenged. A violation turns a false claim into a true one.

  2. Write nothing in anger.

    Every text and email from this point is an exhibit. Short, factual, about the child, or nothing.

  3. Preserve everything.

    Messages, call logs, location history, receipts, witnesses. The timeline that disproves an allegation is built from ordinary records.

  4. Ask for the hearing, and the evaluator.

    A fast hearing and a neutral investigator are your friends. Delay favors the allegation.

  5. Do not counter-accuse.

    The court sees two parents at war and protects the child from both. Prove your case; do not try to win theirs.

Accused? The order is the beginning, not the end. The fourteen-day hearing is where the case is won.

Start with a confidential conversation: tell me what is at stake →

The questions people ask in the first forty-eight hours.

I was served with a protection order. Do I really have to leave the house and stop seeing my kids?

Yes, immediately and completely, while the order is challenged. A temporary protection order is granted the same day on one side’s sworn story, without you present, and violating it, even to pick up a laptop or answer a child who is texting you, is a crime with mandatory-arrest teeth and hands the other side the proof they did not have. No contact means no contact, including through the children, family or friends, until the order is changed.

How fast is the hearing, and what has to be proved?

The permanent-order hearing is set within fourteen days. The temporary order issued on a showing of a risk or threat of physical, psychological or emotional harm, the standard Colorado adopted in January 2025. At the hearing the person who filed must prove, more likely than not, that the acts happened and that, unrestrained, they would continue. It is a real evidentiary contest, and fourteen days is enough time to win if we use every one of them.

What happens if I miss the hearing or just let it go?

The temporary order becomes permanent by default, and a permanent protection order generally cannot be modified or dismissed for two years. Meanwhile the record in the divorce fills in around it: the other parent describes the no-contact months as the children’s status quo, fewer overnights raise child support, and exclusive possession of the house becomes an argument about who keeps it. Treat the hearing as the trial it is.

What is a motion to restrict parenting time?

A request inside the divorce or custody case stating that the child is in imminent physical or emotional danger from the other parent’s time. The restriction takes effect on filing, cutting time to supervised contact, and the court must hear the motion within fourteen days. Colorado built in a penalty: if the judge finds the motion was substantially frivolous, groundless or vexatious, the parent who filed it pays the other parent’s attorney fees.

The police were called. Will I be arrested even if nothing happened?

Possibly. Colorado requires an officer to make an arrest where there is probable cause of a domestic-violence crime, and probable cause is a low bar. Arrest brings a criminal protection order at the first appearance that typically bars contact and can bar a return to the home. Conviction requires proof beyond a reasonable doubt, which is why many of these cases end in dismissal or a plea to something smaller, but the arrest and the no-contact order come first.

How do you prove an allegation is false?

With the record, not with counter-accusations. A neutral timeline of the weeks before the filing; the complete message threads rather than screenshots; location and calendar data; medical records, or their absence; the witnesses who were actually there; and, most often decisive, the accuser’s own words before the allegation, the texts about pickups and school and dinner from someone who now says they were in fear. An allegation that first appears the day after a parenting-time dispute or the week a settlement offer was rejected has a timing problem the court will see.

What does a finding of domestic violence do to the custody case?

A finding, as opposed to an allegation, has a specific consequence. Under the statute rewritten in May 2026, once the court finds it more likely than not that a parent committed domestic violence or child abuse, joint decision-making is not in the child’s best interests over the other parent’s objection unless the court makes specific findings that it can occur without coercion, intimidation, retaliation or risk of harm, and the court can impose safety conditions on parenting time. Outside the courthouse a finding reaches firearms, licensing and background checks.

I am the one in danger. Do these tools work for me?

Yes, and I use them without hesitation. The standard is evidence, not labels: a pattern documented with conduct, dates, corroborating records and the effect on the child is what a judge can act on. The same protection order, motion to restrict and criminal process exist for the parent who needs them, and the fee penalty for a frivolous motion is no obstacle to a motion built on a real record.

Keep reading

Where to go next.

The next page in this chapter, the pages that belong with it, and the blog posts on the same question.

From the blog, on this topic

All articles from the blog →

An allegation is made in a day and answered over months. Let’s start answering it today.

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The fastest thing you can do today

Talk to us about your case.

303-507-5529

One call. A real person picks up, hears you out, and tells you how we would handle what you are facing and what to do first. No phone tree, no sales pitch, no obligation. Your first conversation is with our intake paralegal, who will get you to Aaron fast.

Rather write? Send a short note and during business hours we call you back within the hour.

A person answersMonday–Friday, 9 to 5No obligation