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Colorado Civil Rights Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Rights for Colorado on
Q: My kids mother is collaborating with my ex whom I'm in the process of divorcing and taking kids to see her. Can I stopit

Kid mother is taking my kids to see ex that I'm divorcing currently and collaborating with her to take everything from me. Can I stop her from taking my children to her

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Sep 18, 2022

You do not have the ability to stop the children's mother from taking the children to see people unless their safety is impacted.

1 Answer | Asked in Child Custody, Civil Rights, Federal Crimes and Libel & Slander for Colorado on
Q: What do I do if transcripts for my case we’re just put in and they do not reflect what actually happened in court?

It’s a dependency and neglect case opened a year ago. There have been no transcripts and finally after court last time I checked again and there are a year with of transcripts but all of the information is wrong, it even skips from 9/22 to 9/21 then back to 9/22. So there not even in order.

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Sep 15, 2022

Court reporters transcribe court proceedings. It is not common that they are wrong. However you can request an audio of the proceedings.

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 Criminal Law, Family Law, Child Custody and Civil Rights for Colorado on
Q: If a “Order to issue citation and citation to show cause” served to me by the other party involved is that illegal?

I was served by my child’s father after one of his visits he gave me a citation to show cause with out a “return of service” does this make it an improper serving? If it pertains to the old court order does it make it invalid?

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Jun 2, 2022

The COlorado Rules of Service say that any person 18 years or older and not a party to the case can make service. If this is an ongoing litigation, he may be able to serve you through the courts by mail. This sounds like a contempt citation, which means you should seek an attorney as soon as... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Colorado on
Q: Can a sheriff department deny an inmate any and all phone calls? I was told my son has not " earned" phone privileges.
James W Newby
James W Newby
answered on May 4, 2022

You are not the first person to be confused by the inmate phone system. First off, the inmate must call you. You cannot call the inmate. Calls are not free so payment must be arranged for the inmate to call you.

If you deposit money online in the INMATE ACCOUNT then they have the freedom...
Read more »

1 Answer | Asked in Civil Rights, Family Law, Child Custody and Juvenile Law for Colorado on
Q: Whats the process in sueing an attorney for misconduct in the state of Colorado?

Court appointed atty for Child Protective Services is the 2 atty that displayed misconduct. The proof comes in the form of the attys text messages & emails along with the behavior in which they displayed and the verbal things that were said to the client

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Apr 14, 2022

This may be a professional misconduct referral. There is not enough information here to discern whether this is a legal malpractice issue, or a breach of professional ethics. If this is an ethics issue, then you should make a complaint to the Office of Attorney Regulation COunsel. If this is an... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for Colorado on
Q: Can I sue someone for breaking my car window. Even though it’s been over a month?

Hi. It is 2-21-22. On 1-12-22. An intoxicated passenger of mine ripped out my manual cranks for both back windows. After rolling down the windows. Then got out and took my door and slammed 3 times hard enough until the window shattered inside the door. I didn’t call the police on account I had... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Feb 21, 2022

In Colorado, yes you can sue someone for money to compensate you for damage to your vehicle. Colorado counties have general district courts that will allow small claims lawsuits. Colorado statutes § 13-6-403 limit the claims in small claims court to $7,500 total. Your claim for money owed by this... Read more »

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 Employment Discrimination, Employment Law and Civil Rights for Colorado on
Q: Needing to find a lawyer for wrongful termination, discrimination and retaliation against a company policy. HELP?!

I was just terminated due to violating company policies. Supervison stated I wasn’t following their company credit card policy procedures due to one transaction I had that was over $150,000 when another director(manager) was there during this transaction as well. The policies were never explained... Read more »

Niran Grimberg
Niran Grimberg
answered on Oct 3, 2021

A lot more needs to be known regarding your situation in order to assess whether you have any legally actionable claims. I highly recommend you have a free consultation with an employment attorney so see whether you have been discriminated or retaliated against for any unlawful reasons.

1 Answer | Asked in Criminal Law and Civil Rights for Colorado on
Q: In Colorado is an officer allowed to enter your vehicle after it's been locked after you've been taken to police station

Officer entered through sunroof search my vehicle per witness in a store they thought was closed

Philip M Smith
PREMIUM
Philip M Smith
answered on Aug 10, 2021

Not without probable cause and some exigent circumstance, a search warrant, or consent.

1 Answer | Asked in Adoption, Animal / Dog Law, Civil Litigation and Civil Rights for Colorado on
Q: If I bought a dog from somebody and they weren't up to date on the shots and I wanted to return the dog and get a refund

And is it illegal to sell a dog without up-to-date shots to somebody

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jun 9, 2021

Depending on where the dog came from, it is very likely a PACFA violation. Age could also be a problem (a dog sold too young (i.e., less than 8 weeks old) to receive certain shots is a violation - although dogs do not have all their shots at 8 weeks due to boosters being necessary over a period of... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Colorado on
Q: Am I experiencing pregnancy discrimination when being forced to take a 60k pay cut or immediately take FMLA?

I am currently 6.5 months pregnant, and have been granted an accommodation by my workplace to complete my work remotely for the duration of my pregnancy. In January, during my first trimester, I started to experience severe motion sickness that limited my ability to complete my 45 minute drive to... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 28, 2021

Under the Americans with Disabilities Act of 1990, people with disabilities (including pregnancy and related side effects) are permitted to request reasonable accommodations to enable them to perform their jobs while honoring their restrictions. However, the accommodation must be reasonable, and... Read more »

1 Answer | Asked in Traffic Tickets, Criminal Law, Civil Litigation and Civil Rights for Colorado on
Q: if I was never pulled over for speeding but was arrested charged for speeding & other charges is this Legal?

Parked at a gas station to pee and cop pulls next to me in my car and get out and goes in store before I get out. But he was looking at my car all suspiciously so I waited. He stands at the door inside the store then comes back out flashing his lights in my car and come and bangs on my window and... Read more »

Sean Maye
Sean Maye
answered on Mar 12, 2021

This sounds like a terrible scenario that you experienced. So sorry you lived through that.

If you were parked and only stopped because of suspicion that you committed a traffic infraction - an infraction for which the officer's story is not credible if he waited a significant amount...
Read more »

1 Answer | Asked in Contracts, Family Law, Real Estate Law and Civil Rights for Colorado on
Q: What can I do to be able to install a more suitable fence for my special needs child? When HOA has fence regulations.

I am purchasing my first home, after signing the purchase agreement we were told that HOA only allows a 4 ft fence. The fence is pretty climb-able and open so I was told we could add chicken wire. This still would not work for us because my 5 yr old special needs child is autistic/wanderer and can... Read more »

Donald C Eby
Donald C Eby
answered on Mar 6, 2021

You may want to make a "reasonable accommodation" request to your HOA, if this is denied you'll need to get an attorney involved.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Family Law for Colorado on
Q: If court order is not modifiy or stipulations were not filed is it a civil case?
Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Mar 6, 2021

It would be important to know what type of case it is. Courts have subject matter jurisdiction over certain subjects so it is not possible to determine what type of case it is based on whether there is a motion to modify some unspecified thing and there were no stipulations filed.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Colorado on
Q: CPS is lying and won't give our kids back. The judge is going along with it. They have missed appointments.

They have caused us to miss visits by scheduling then on holidays and during a dental appointment we wasn't allowed to attend as promised. I need help proving this and someone that will stand up for we are being violated our children's rights are being violated

Sean Maye
Sean Maye
answered on Dec 11, 2020

The general statement of things that you have provided here certainly seems unfair and should consult with a lawyer so that they can learn more details about your situation and advise you on your best options/defenses. There is not information in this post to adequately respond to your concerns... Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for Colorado on
Q: What if somebody makes up lies that my child's life is in danger to be granted emergency guardianship to my child.

The lies were proven in court and judge told her to return the child and she did not. She hid my child causing her to not be able to attend school, I thought my child might be dead. At contempt hearing the judge said there was not an order even though I have a recording of him saying it and last... Read more »

Sean Maye
Sean Maye
answered on Nov 30, 2020

First off, I am so sorry you're experiencing this.

Now, unfortunately, what you've written here is a bit confusing and inconsistent. On one hand, you're saying that there was a formal contempt order from the court, but on the other hand you're saying the same judge...
Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Colorado on
Q: Wondering about colorado's stance on "antique firearms" and if an adult under 21 can purchase an "antique" revolver.

Wondering if its legal to obtain, and carry, at 18 or under 21 considering, antique firearms are not recognized as actual firearms on the federal level. Want to make sure this is the case in CO as well as I can't find any laws excluding or including such firearms in colorado law.

Sean Maye
Sean Maye
answered on Nov 30, 2020

The answer to your question is: it depends. It depends on what "antique" gun means. Someone would need more information as to the style and structure of the gun to see if it meets the legal definition requirements for a "handgun." In Colorado, any person under age 18 may not... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Colorado on
Q: What does this mean; Unlawful Flight to Avoid Prosecution - Title 18 US Code 1073?

I have a warrant in Colorado for not showing up to their court for a hearing about restitution. I was coerced into a deferred sentence and given a restitution and misdemeanor. These people never intended to treat me fairly. I have never been a resident of Colorado. I was just driving through and... Read more »

Sean Maye
Sean Maye
answered on Nov 10, 2020

First off, I am sorry this happened to you. It sounds like your experience while the case was open was pretty difficult and that your experiences afterward have continued to be difficult.

That said, if you agreed to restitution and a restitution hearing was set for whatever reason, then...
Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Colorado on
Q: A police officer was called out on a complaint, turned out to be civil. He performed a NCIC on the spot.

Found an outstanding warrant for me in FL. He threatened to arrest me if we returned to the property. This left us homeless, immediately, literally, and we lost most of our possessions that were left after moving due to COVID. We are now destitute. Was this legal for this officer to do this to me?

Mr.  H. Michael Steinberg
PREMIUM
Mr. H. Michael Steinberg
answered on Aug 27, 2020

I am very sorry for your situation but the short answer is yes - if the question is can the officer ran a criminal history on someone he legally contacts. If the warrant was out of state and a felony - he most likely would have arrested you and held you for extradition. Most often - when the... Read more »

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