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Colorado Domestic Violence Questions & Answers
1 Answer | Asked in Family Law and Domestic Violence for Colorado on
Q: I am wondering howto formally present evidence that witnesses and the other party haveliedunder oath

I’m involved in a child custody case, which just went to final orders hearing 2 days ago tho we have a month until orders are issued ...where I have proof that the plaintiff (father) as well as my stepfather (bc my mom and stepfather are trying to gain custody of my child for my... Read more »

Sabra M. Janko
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Sabra M. Janko
answered on Aug 5, 2022

The hard reality is that you have one bite at the apple. The Court will not rehear the case to hear evidence that could have previously been presented. Otherwise there would be no finality, and cases could never end.

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: What does it mean when they transfer my criminal mischief case to county court

My criminal mischief charge was dropped from a felony to misdemeanor it is also my first offense.I cannot afford an attorney and I don’t qualify for a public defender I have court coming soon

Jonathan Greenlee
Jonathan Greenlee
answered on Jul 28, 2022

What level of offense a criminal mischief charge is depends on the $ amount of damage allegedly caused - so it can range from the lowest misdemeanor to a relatively serious felony. Often the initial report isn't accurate or is just an estimate, and the DA will then amend the offense level when... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Colorado on
Q: Is taking a doctor proscribed controlled substance in violation of a mandatory protection order
Lain Aaron Lawrence
Lain Aaron Lawrence
answered on Jun 15, 2022

The general answer is no, you are permitted to take medication as prescribed by a medical doctor. There may be an issue if you take more than the prescribed dosage.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Colorado on
Q: If I moved to CO from NV w/ my son after circumstances w/ my son's mom. Neither has legal custody. Is it a problem?

My son's mother was arrested in NV for DV against me. She had a Protective Order placed on her for a month afterward. She said she wanted to see our son after the 30 days after the Protection Order ended and never showed. She made 2 arrangements with me and never showed up. The mom's... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on May 16, 2022

You will need to deal with the court case in NV. Yes, you can be served in Colorado. You should get a lawyer in NV to help you with this. There may be an issue whether NV or CO should make the custody decision.

1 Answer | Asked in Domestic Violence for Colorado on
Q: How can I get permission to talk/contact defendant abouy pregnancy when we have a no contact restraining order?

As a victim of a dumb domestic violence case with a no contact with restraining order made by judge which is I against my wishes and 24 weeks pregnant. I already filed for a non harassment order right after first court date... But how can I get permission to talk/contact the defendant in jail about... Read more »

Sabra M. Janko
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Sabra M. Janko
answered on Mar 27, 2022

You should always keep your safety and the safety of the baby in mind. There is a protection order in place for a reason. However, you can ask the prosecutor to modify the protection order in order to allow discussion about children.

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Colorado on
Q: my sister still lives with our highly abusive mother. how can I legally get her out of there.

We have a lot of evidence of gaby (mom) abusing me and my dad. Plenty court cases and files. Her record is far beyond damaged. Theres no reason as to why my sister has to stay with her. We don't have too much evidence of abuse towards my sister which is the problem. However, im not living with... Read more »

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Jan 5, 2022

I am very sorry you are going through this. This is definitely a complicated family law question. However, if you suspect abuse of your sister, then you should call the Department of Human Services, Child Protection Division, and possibly the police. The answer to how you get her out of there... Read more »

1 Answer | Asked in Family Law and Domestic Violence for Colorado on
Q: My ex-partner won’t come forth to pay the personal lien she put on my property We can’t find her

I have a new mortgage type and it’s been approved we need to pay her get her lien off

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 30, 2021

You will have to work with your new mortgage company to see if the new loan can go through without a release of this lien. It may be possible to escrow the lien amount in case she comes forward. Alternatively, you may need to try harder to actually find her.

1 Answer | Asked in Domestic Violence and Real Estate Law for Colorado on
Q: Am I able to break a lease if I didn't file a police report or request a restraining order?

My husband attacked me on Nov. 29th, I didn't contact authorities bc I felt this would further trigger him and he is very unstable. I have been secretly packing and planning to move but our lease is in both of our names. I could afford the townhome we rent without him, but he would not meet... Read more »

Sabra M. Janko
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Sabra M. Janko
answered on Dec 25, 2021

I am sorry to hear about your situation. You would have to provide the landlord with some evidence of the domestic violence. Typically this comes in the form of a protection order. If you are still in fear of imminent harm, then you can still apply for a protection order.

1 Answer | Asked in Real Estate Law and Domestic Violence for Colorado on
Q: Can a person go home after being arrested for DV if the property is in their name but the other party has bills in hers?

He was told he couldn't go home because she has a couple bills in her name. The house is in his name though. Wouldn't he have the right to go home? They live in TN.

Sabra M. Janko
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Sabra M. Janko
answered on Dec 14, 2021

It depends on what the protection order says.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: What do I do if I know my coparent lied on a motion to the court, on a contempt motion against me?

I have a text that says I could watch the kids and he would pick them up at 350pm that afternoon.

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 21, 2021

You can present this evidence at the contempt hearing. Depending on what it is, it may or may not help you. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: Can i file contempt against my ex-wife for disrespectful communication that goes against our parenting plan?

My ex-wife and i have a parenting plan set up from our divorce 2 years ago. The plan specifically states that communication must be respectful, and she has constantly harassed me over the last year and a half. I have attempted to file harassment charges through our local police department, and as... Read more »

Sabra M. Janko
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Sabra M. Janko
answered on Sep 7, 2021

It really depends on the exact language of the agreement and "disrespectful" is a pretty vague term. You might try Colorado Legal Services for pro bono legal assistance.

2 Answers | Asked in Domestic Violence and Family Law for Colorado on
Q: There is currently an active case for abuse against the husband of my sons mother for abusing one of my sons siblings

She is now wanting to exercise her parenting time for the summer. Am I still required to send him to her house for the summer.

Sabra M. Janko
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Sabra M. Janko
answered on May 20, 2021

I am sorry to hear about your situation. Everyone is obligated to follow the court order in existence. If a modification or an emergency restriction is needed, then it is necessary to file with the court to make the change if there is already an order in existence,

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1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: How long does my ex have to get his stuff after a protection order is in place? I need to find a new roommate.

Cops said it will most likely be a permanent protection order and I believe he is still paying rent to store his stuff here but he isn't coming back and I want the clutter gone so we can find a new roommate. He's been in another state for a month coming back for a day or two then leaving... Read more »

Sabra M. Janko
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Sabra M. Janko
answered on Apr 26, 2021

I am sorry to hear about your situation. There is no time specified by the law for him to remove belongings from his home. Particularly if he is on the lease, he is not legally obligated to remove his belongings. If this is a criminal protection order, it will be in place until the criminal... Read more »

1 Answer | Asked in Domestic Violence for Colorado on
Q: How can dv defendant have GPS monitor removed when victim told pretrial she moved out of state. Def needs to move

The dv is over a text message that was taken out of context for spite. She's told pretrial and da she didn't want to do anything now and has moved to another state

Sabra M. Janko
PREMIUM
Sabra M. Janko
answered on Apr 23, 2021

You could ask for a modification of the protection order. However depending on how the protection order is worded, it may not matter whether she has moved out of state or not.

1 Answer | Asked in Domestic Violence for Colorado on
Q: My ex boyfriend and I just recently separated and he wont stop threatening me and harassing me via text...what can I do
Sabra M. Janko
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Sabra M. Janko
answered on Apr 23, 2021

I am sorry to hear about your situation. You could file for a protection order if he is threatening and harassing you.

1 Answer | Asked in Domestic Violence and Family Law for Colorado on
Q: How can my parents kick out my 24 year old brother that is verbally and mentally abusing them?

My older brother was diagnosed with bipolar 1 last year. He has not wanted to take medication or go to a mental hospital and he has just moved back in since then. He is verbally and mentally abusive and beyond delusional. He speaks a lot about things that are not real and has this idea in his head... Read more »

Sabra M. Janko
PREMIUM
Sabra M. Janko
answered on Apr 23, 2021

I am sorry to hear about your situation. Your parents are responsible for his care until he is 18. If there are reasons why he should be institutionalized, then that is a possibility.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Colorado on
Q: Can I pick up my stuff from shared yard with permission from the neighbors at ex boyfriends place where I used to live?

I was in a relationship that turned abusive and controlling in the last couple of years out of seven total. The last two of them with him in a duplex, with neighbors on top and us on bottom. The front/backyard was shared with separate front doors to each unit, shared back door to yard. I moved out... Read more »

Sabra M. Janko
PREMIUM
Sabra M. Janko
answered on Apr 23, 2021

I am sorry to hear about your situation. it all depends on what the protection order says.

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: I haven't spoken to police after my boyfriend told them I hit him. Can they issue a warrant for my arrest?

He pushed me first then I did then he kicked me right above my knee left bruising then he tripped n fell. He got up n left saying I hit him. He would get in trouble if I was to tell my side like it happened he has 2 felonies n 2dv charges on his record. I have a 1 case underlyning dv. But even... Read more »

Sabra M. Janko
PREMIUM
Sabra M. Janko
answered on Apr 23, 2021

I am sorry to hear about your situation. If you are asking whether the police can arrest you only because you are not speaking to them, the answer is no. They have to have probable cause to suspect you of a crime to arrest you.

1 Answer | Asked in Domestic Violence for Colorado on
Q: What could happen to me if I retract a statement
Sabra M. Janko
PREMIUM
Sabra M. Janko
answered on Mar 20, 2021

It depends on what type of statement and how you retract it. If you say that you made a false official statement, then you could subject yourself to false reporting consequences.

2 Answers | Asked in Domestic Violence for Colorado on
Q: Will only a written statement hold up in the preliminary hearing if the alleged victim doesn't show up?
Mr.  H. Michael Steinberg
PREMIUM
Mr. H. Michael Steinberg
answered on Mar 7, 2021

The alleged victim almost never testifies at a Preliminary Hearing. The district attorney almost always calls one maybe two witnesses, usually the Detective who filed the case and one of the original responding police officers. The testimony consists primarily of a review of the investigation and... Read more »

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