O.k., I came across this article today. Now, the Greeley Tribune's headline editing aside (look at it again), this article brings up an ugly truth that sometimes raises its head in Colorado Springs domestic violence cases involving divorce and children. What is that truth? Sometimes people lie! I don't mean a difference of perspective about the same event--I mean out and out lies. It doesn't happen in many cases, but in a criminal domestic violence case whose participants also have a divorce or custody dispute going on, look out.
Look, as a Colorado Springs criminal defense attorney and former El Paso County prosecutor, I've seen my share of horrendous domestic violence (DV) cases where emotional and physical abuse is common place, shocking, and sadly ends with a serious injury. For everyone of those cases, however, there are three of four or more where one party or another blows a small incident out of proportion to gain an advantage as a relationship comes to an end. Some are small exaggerations, but some are just lies. And the problem is this: the system (police, judges, DA's) has sometimes been burned when it didn't treat the true bad guy seriously. As such, our legislature has decreed that anytime a DV allegation is made, someone is arrested and, once arrested, prosecuted. Those charges have serious and long lasting consequences. Consequences like persuading a judge in a divorce action to deny custody based on the fact that one parent has pending DV charges. Hopefully my friends that are domestic violence victim advocates will forgive me, but some "victims" game the system. Like the subject of the article above.
So, if you or someone you love has been charged with domestic violence and you think you may have been "set up", give me a call to talk about your options.