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Colorado Domestic Violence Questions & Answers
0 Answers | Asked in Domestic Violence and Gov & Administrative Law for Colorado on
Q: Can I refuse Volunteer Probation Officer program in CO for Golden's probation dept?

As a victim of domestic violence and currently being homeless, I have been assigned to the Volunteer Probation Officer program in Lakewood, Jefferson County, Colorado. Due to my circumstances and the previous violation of probation resulting in an additional sentencing of two years, I believe I... View More

1 Answer | Asked in Child Custody, Civil Litigation, Domestic Violence and Family Law for Colorado on
Q: How can I reopen a closed custody case in Colorado due to new abuse reports?

I have been representing myself in a custody battle in Colorado for two years with my children's father, who has a history of incarceration for violent crimes. In November, I declined parenting time with my son, but since then, my children have reported abuse and threats from their father. He... View More

James L. Arrasmith
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answered on Apr 12, 2025

To reopen a closed custody case in Colorado, you’ll need to file a motion with the court. This motion should request that the case be reopened due to new evidence of abuse or threats against your children. Be sure to explain the new developments, such as the recent reports of abuse and threats,... View More

1 Answer | Asked in Child Custody, Domestic Violence, Civil Litigation and Family Law for Colorado on
Q: How can I legally move my abused daughter from Missouri to Colorado?

I have shared custody over my two children, but they have been living with their mother, my ex, who moved to Missouri in 2021. For two years, I was able to exercise my parenting rights by flying them to Colorado until my ex cut off all contact. Recently, I’ve started communicating with my... View More

James L. Arrasmith
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answered on Apr 13, 2025

Given the situation, the fastest legal way to bring your daughter to Colorado would be to first file a petition for modification of the custody order in the court that issued the original order. This petition should explain the circumstances, including the abuse your daughter has reported and her... View More

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Colorado on
Q: Can I remove an ex-girlfriend from a lease in Colorado after a domestic violence arrest?

I was arrested for domestic violence and there is currently a protective order that prevents me from returning home. My ex-girlfriend, who is the co-tenant, is on the lease with me. The lease is a two-year agreement that started in November 2024, and there are no clauses mentioning tenancy changes... View More

James L. Arrasmith
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answered on Apr 13, 2025

Removing your ex-girlfriend from the lease is a complex situation, especially with the domestic violence arrest and protective order in place. In Colorado, unless your lease specifically allows for changes in tenancy due to legal circumstances, such as a protective order, you would generally need... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: Could I get in trouble for accidentally sending money to someone who has a protection order against me?

I accidentally sent $4 to my ex-girlfriend, who has a protection order against me. I intended to send it to another bank account connected to my daily transactions. I have proof of the transaction being accidental. I have not contacted law enforcement. Could I get in trouble for this accidental... View More

James L. Arrasmith
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answered on Apr 13, 2025

If you accidentally sent money to someone who has a protection order against you, it's important to address the situation carefully. Since you have proof that the transaction was unintentional, it’s unlikely that you will face legal trouble for the accidental transfer, especially if no... View More

1 Answer | Asked in Domestic Violence, Family Law, Gov & Administrative Law and Health Care Law for Colorado on
Q: Will 8-year-old deferred sentences affect CNA approval in Colorado?

I completed deferred sentences for domestic violence and child neglect in Colorado 8 years ago, in 2017. Since then, I have had no other legal issues. Would these past deferred sentences prevent me from being approved to become a Certified Nursing Assistant (CNA) under Colorado regulations?

James L. Arrasmith
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answered on Apr 13, 2025

In Colorado, even deferred sentences can still show up on background checks when applying for a Certified Nursing Assistant (CNA) license, especially if they involve domestic violence or child neglect. While a deferred sentence is not a conviction if completed successfully, the Colorado Board of... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Colorado on
Q: Can dad get more visitation rights without proving sobriety and compliance?

I'm concerned about my ex-husband seeking more than supervised visits with our son. He hasn't been consistently involved in our son's life for more than a few months over the past 10 years and has never parented him or had overnight visits per court order. After a CPS case closed a... View More

James L. Arrasmith
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answered on Apr 13, 2025

Your ex cannot simply demand more visitation rights without showing the court that circumstances have changed and that it’s in your child’s best interest. Judges take past behavior very seriously—especially when it involves missed visits, relapse, domestic violence, and failure to comply with... View More

1 Answer | Asked in Civil Rights, Domestic Violence, Appeals / Appellate Law and Civil Litigation for Colorado on
Q: Can I take action on a false domestic violence accusation 15 years later?

I was falsely accused of domestic violence 15 years ago, which led to my arrest. I wasn't given a chance to call or speak with an attorney before going to court. A court member suggested that if I pleaded guilty, I would receive probation and classes, and could leave, so I did. I wasn't... View More

James L. Arrasmith
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answered on Mar 24, 2025

You might still have legal options even after 15 years, though the path forward requires careful consideration. Many states allow for post-conviction relief when new evidence emerges that could have changed the outcome of your case, and evidence that the accuser lied in a sworn statement might... View More

1 Answer | Asked in Child Custody, Domestic Violence and Gov & Administrative Law for Colorado on
Q: How do I confirm service of a custody summons in Colorado?

I filed for custody online using the Colorado EFiling website and received an "Order and Notice of Initial Status Conference," which is set for a specific date. This is the first time I’m handling this without an attorney, and there are no details in the notice regarding service.... View More

James L. Arrasmith
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answered on Apr 13, 2025

To confirm whether the respondent has been served with the custody summons in Colorado, you will need to check with the court. You can contact the clerk’s office where the case is being handled to inquire about the service status. They may have a record of the service or an affidavit of service... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Civil Rights for Colorado on
Q: What legal steps can I take if ex-husband has nude photos of me without consent?

I'm concerned because my ex-husband, who is currently on probation for a sexual assault conviction against me, possesses nude photos of me that he took four years ago without my consent. There is an active mandatory protection order in place against him. He shared those photos with me, but I... View More

James L. Arrasmith
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answered on Apr 1, 2025

You have several legal remedies available when dealing with non-consensual intimate photos, particularly given the existing protection order and your ex-husband's probation status. The situation you describe potentially violates California's revenge porn laws (Penal Code 647(j)(4)) which... View More

1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Municipal Law for Colorado on
Q: This Thursday is the plea hearing of my offender. I don't agree with what they're offering. Do I have any say?

This is related to a DV case with my ex who is also the father of my children. It has been a long process and he has up the hearing on Thursday. Since our incident he has continued to pick up other cases and I don't feel that they are taking it seriously. I have expressed my concerns and to... View More

James L. Arrasmith
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answered on Jan 5, 2025

You absolutely have a voice in the plea hearing. You can express your concerns to the judge, either directly during the hearing or through your attorney. Make sure to clearly communicate how the situation affects you and your children.

If you feel that the current offer doesn't address...
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1 Answer | Asked in Family Law, Civil Litigation and Domestic Violence for Colorado on
Q: What are my rights if my husband continuously threatens to kick me out of a his friends trailer that we been in for 7mth

My husband and I were evicted 8 months ago and moved into his friends trailer with no water, no elec.and quietly living there can’t use address. My husband got a job making 20/hr and gives the guy $200 a month here lately. But now threatens to kick me out everyday. I would,but I’m shy have... View More

Cindy Perusse
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Cindy Perusse
answered on Sep 6, 2024

Husband can't kick you out of a place he doesn't own and even if he did own it, he can't make you leave your own residence without a court order.

2 Answers | Asked in Domestic Violence, Criminal Law and Federal Crimes for Colorado on
Q: What do I do if I (the victim) of DV case believe that the perpetrator is being offered an unfair sentence

My boyfriend had been arrested and gone to jail for numerous DV crimes including; battery, assault, arson. He had numerous felonies for violent offense and now after a second violent offense with me is being offered probation with no jail time. This does not make sense to me, what do I do if I... View More

Kimberly Diego
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answered on Jul 5, 2024

As the victim in the case you do have rights under the VRA. You have the right to appear at his next court hearing and tell the Judge that you disprove of the resolution and why you disprove. In some instances, but not all, this can mean the Judge rejects the agreement of the parties.

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1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Colorado on
Q: My ex listed the wrong name of our child and the judge invoked jurisdiction based on the residence of child listed.
Christopher N. Little
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Christopher N. Little
answered on May 14, 2024

Good Afternoon,

From the substance of your question, it looks like you are involved in a legal proceeding concerning your child. Issues related to jurisdiction concerning children are often nuanced. I suggest that you consult with an attorney in the state where the case is at now in order...
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1 Answer | Asked in Divorce, Family Law and Domestic Violence for Colorado on
Q: Good morning,

I am recently divorced (1+ year) and share two children with my ex. We share split custody of our two children with no child support nor alimony. With this, my ex has continued to be verbally, mentally and emotionally abusive towards me and I am interested in determining what options I might have.

Cindy Perusse
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Cindy Perusse
answered on May 2, 2024

Abusive to you or the kids? There are ways to limit contact or have contact monitored through platforms such as Our Family Wizard or Talking Parents. If the abuse you state relates to the children then you may consider a motion to modify parenting time. But, you will need to document and prove... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: Is there a way to get a misdemeanor criminal mischief charge expunged or sealed so it doesn't show up on background chec
T. Augustus Claus
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answered on Nov 7, 2023

Yes, under certain circumstances, a misdemeanor criminal mischief charge might be expunged or sealed from a person's record in Colorado. The process is known as record sealing or expungement. If successful, it will prevent the conviction and the arrest details from appearing on most background... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Colorado on
Q: i am looking for the correct "vehicle" In regards to Motion to dismiss___?____

Based on inaccurate, misleading affidavit for arrest warrant. The call to 911 was very inaccurate. Witness statements contradicting themself. police filled in part of victim statement form, to appear as if she filled part the refused the rest. (refused entirely) Officer called left message then... View More

Sabra M. Janko
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answered on Sep 12, 2023

Your remedy is to contest the credibility of the investigation in court. The fact that you do not agree with how the investigation was conducted is not grounds for a motion to dismiss.

1 Answer | Asked in Domestic Violence for Colorado on
Q: wondering regarding a case about domestic violence. If I get subpoenad to court and don't show up will I get arrested

I was the victim of domestic violence and I was just wondering if my girlfriend takes it to trial and I get subpoenad will I get arrested if I don't show up?

John Michael Frick
John Michael Frick
answered on Jul 20, 2023

Generally speaking, if you are just a witness and disobey a subpoena, you will not be "arrested." The trial will be postponed and capias will be issued for your detention. A sheriff or constable will locate and detain you, typically in the county jail, until a new trial date is reached.... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: Do I need to stay in contact with my ex when our child turns 18?

My ex is abusive and I was able to get sole legal custody by offering not to receive child support. My ex emails a few times a year to “check in” on our child. I typically respond with short emails that give details as to their health, school progress, and life in general without revealing any... View More

Rebecca Pescador
Rebecca Pescador
answered on Jun 28, 2023

As a general rule, once a child is 18, parenting time orders cease to have effect, though Judges will often consider enforcing the parental communication until the child has graduated high school if the child has not done so by the time they turn 18. Once a child is 18 and has graduated from high... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: I need a second opinion on my fiancees case
John Michael Frick
John Michael Frick
answered on May 21, 2023

You can retain an attorney to provide you with a second opinion. Be aware, however, that your fiancé’s attorney may know certain facts which your own attorney will not be privy to. So be sure that you are confident your own attorney explains to you possible alternative outcomes which may occur... View More

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