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Colorado Domestic Violence Questions & Answers

1 Answer | Asked in Domestic Violence for Colorado on

Q: Is there an exception to the rule of a 13_14_106 Colorado statue of permanent restraining order.i

I have had no contact in 12 yrs and I'm trying to have it removed. I have had no. associated people attempt service and a paid process server and they are unable to locate the individual. I have filed motion and continuances to no help on my part. Can you please assist me

Sabra M. Janko answered on Jun 9, 2019

If you are unable to serve the other party, then you can submit a motion for service by publication to the Court. You will, however, have to establish to the court the steps that you took to locate the other person.

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on

Q: Can i get in trouble for continuing my relationship with my boyfriend who has a dv with me and is taking it to trial?

My boyfriend and I had started out in what i thought to be a dream vome true relationship. However, september of last year we got into a scuffle over something he was hiding on his phone. The cops got invovled and now he is taking it to trialeven though he admitsto me to what he did. He began... Read more »

Douglas T. Cohen answered on Jun 7, 2019

If this is in Colorado, there is a mandatory protection order that prohibits your boyfriend (the defendant) from contacting you.

You cannot get in trouble for contacting him (unless you are breaking some other law), but he can get in trouble for having contact with you in violation of the...
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2 Answers | Asked in Criminal Law and Domestic Violence for Colorado on

Q: Criminal mischief charges with domestic violence when I did no damage

Girl friends license suspended on jountly owner car and I pulled the plug wires off to disable it.

I got charged with DV citing criminal mischief for damaging the property of another. Pulling the wires off does not damage the car and she was going too drive it illegaly. I am... Read more »

John Kenneth Joyner answered on May 25, 2019

Based solely on how you describe it here, and if there was no damage, then this sounds more like tampering than criminal mischief. However, tampering is still a crime and they can charge it as DV.

Even a minor DV charge can have devastating effects on your life. You should hire an...
Read more »

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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Colorado on

Q: My niece 16 victim domestic violence pregnant restraining order against boyfriend beat her

Having baby October need custody of baby do not want boyfriend or his family to have any right to baby

John Hyland Barrett III answered on May 15, 2019

Your niece should file a paternity action against the father. Her parents may have to be the one to do this since she is a minor. The court can enter custody orders. However, the father is likely to be entitled to some contact with his child. Your niece or her family should get a lawyer to help her... Read more »

1 Answer | Asked in Divorce, Family Law, Domestic Violence and Elder Law for Colorado on

Q: I am a disabled senior married 33+ years and the injured spouse. I need to filled divorce now, she has taken all & moved

I have been taken care of most of those yrs. WIfe is breadwinner and has $200,000 to $400,000 in assets. I been living on st and hotels over a yr, no car or health insur or any of our or my things. She moved and took everything we had. I just want my life back or at least part of it. We lived... Read more »

John Hyland Barrett III answered on Mar 25, 2019

Lawyers in Colorado are not allowed to do divorces on a contingent fee basis. It is possible that the court could order her to pay some of your attorney fees.

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on

Q: No call in 2 days from schizophrenic stepson after DV arrest. I am guardian too. Probably afraid. How do I get info?

We live four hours apart. I don't know how competent he is to handle the situation.

Gary Kollin answered on Feb 17, 2019

contact the jail

1 Answer | Asked in Domestic Violence for Colorado on

Q: How long is a maditoru restraining order in place for after I completed all requirements probation ECT..

Mr. H. Michael Steinberg answered on Feb 2, 2019

A mandatory restraining order, unless it is modified prior to or during probation, remains in fully force and effect. That means there is no automatic modification of the order without filing a motion to modify the restraining order and asking a judge to modify it. Otherwise it terminates when... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on

Q: Is there a statute covering false reporting of DV/protection order.

My X wife filed for a protection order useing false and wildly erounious statments

Courtney Edwards answered on Jan 15, 2019

There are a couple of answers to your question here. First, yes, it is against the law to falsely report a crime. However, the report must be made to law enforcement to fall under the "false reporting" statute.

Second, are more toward your question, when someone files a protection...
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1 Answer | Asked in Criminal Law, Personal Injury, Domestic Violence and Federal Crimes for Colorado on

Q: Is it unlawful to tell somebody in by way of publication, I will sqeeze it out of you...

In a online smear campaign this guy says I owe him money and he will sqeeze it out of me and he knows where I live and he will get me. Is this criminal harrassment or criminal threat?

John Kenneth Joyner answered on Oct 27, 2018

If you feel you are being threatened you can contact local law enforcement and let them decide if there is probable cause to charge the person with a crime.

You can also make a copy of the threats and take them down to the courthouse to request a temporary protection order. You can then...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Colorado on

Q: If a disabled man gets forcibly removed from his home and then beat and choked, can I defend him?

My disabled neighbor got pulled out of his home and then beat and choked by his daughters boyfriends dad.

I heard the noise and thought it was my sister getting beat so I ran over and opened the fence and saw the disabled man being choked and turning blue. I asked the aggressor to stop and... Read more »

Gary Kollin answered on Sep 14, 2018

And after you saw this man committing a horrible crime you didn't report it to the police. Unbelievable!

So next time when you are not around he is free to do it again

3 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Colorado on

Q: Can you get in trouble for lying to police in order to press charges on somone?

A group of people lied to police in order to press charges on my husband for battery.

We have proof they lied.

Can we press charges back on them for defamation or anything else?

Brian K. McHugh answered on Sep 10, 2018

It is a crime to knowingly give false information to a peace officer.

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1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on

Q: Can DA threaten to charge my wife with DV charge if I take my charge to trail and win?

My wife has severe PTSD from her first husband( held captive for 3 years cult police rescued her). We lost everything and came to Co for my son who has a half a heart left side.My son and I said the same statement. I wasn't allowed to contact my paid lawyer. But even my PD said I would win, but... Read more »

Brian K. McHugh answered on Sep 9, 2018

Assuming all the facts stated in your question are accurate (it is always possible something was misheard), then the answer to your question is no; a defendant's decision to proceed to trial or accept a plea offer, must be knowing and voluntary. A threat to penalize a defendant if they go to trial... Read more »

1 Answer | Asked in Domestic Violence for Colorado on

Q: When the order vacating consolidation order is “hereby vacated”, meaning the orders are combined and in effect?

I do not completely understand the change in this order.

Mr. H. Michael Steinberg answered on Aug 24, 2018

I would like to answer your question but I don't understand it.

2 Answers | Asked in Criminal Law and Domestic Violence for Colorado on

Q: Can a criminal protective order against my son include me and his mom and prevent us from entering the house I own?

The order doesn't mention anybody else but my son, and neither me nor my wife were informed or served the document.

John Kenneth Joyner answered on Aug 10, 2018

The protective order restrains whoever it is being enforced against. The restrained party has the obligation to make sure they do not come in contact with the protected parties, whoever they may be. If the protective order includes no contact and/or requires whoever the restrained party is be a... Read more »

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on

Q: i was assaulted by my ex when i was picking my son up and i am worried if i she picks him up she will run away with him

John Hyland Barrett III answered on May 23, 2018

You may want to file for a civil protection order that will limit her contact with you and your son. You should retain an attorney for this. Also, you could contact the police since assault is a crime.

1 Answer | Asked in Child Custody and Domestic Violence for Colorado on

Q: My ex was just convicted of DV assult & disturb peace against me, he has full custody court order states my visits does

he still have to allow visits? We were living together off & on we also violating protection order. I did file for full custody & no mediation I didn't know he retained the same attorney for custody case in Jan that he had for criminal. I haven't been able to talk or see my son in over week and... Read more »

Stephen J. Plog answered on Apr 13, 2018

You need to consult with an attorney regarding your situation. The way to change orders would be the filing of a motion to modify parenting time pursuant to CRS 14-10-129.

1 Answer | Asked in Domestic Violence and Family Law for Colorado on

Q: So my boyfriend and I were involved in a domestic dispute two weeks ago. He went to jail it was during his parenting tim

His child slept thru the entire thing. He was even tazed 10 feet away. The police had to wake his son up to let him know what was going on. The police had asked if he wanted them to call his mom. He said no he would stay with me than the next day go to grandpa's. So they left him with me which was... Read more »

John Hyland Barrett III answered on Mar 5, 2018

Your boyfriend should retain an attorney to represent him. The court will find this to be a very disturbing incident. Your boyfriend will need to convince the court that the child is safe with him.

1 Answer | Asked in Domestic Violence for Colorado on

Q: What can I do to help drop DV assault charges for my significant other and dismiss the protection order?

We were in a violent fight due to a sensitive problem that happened less than a week prior. The fight led to my significant other being charged with assault and false imprisonment. I was sent to the hospital for 4 stitches in my lip. Being investigated after a traumatic experience had me... Read more »

Jonathan Matthew Holson answered on Feb 19, 2018

The likelihood of success here is minimal. You can certainly contact the victim advocate associated with the prosecutor's office and make your wishes known. But to be perfectly honest, it is unlikely that they will honor your wishes regarding dropping the charges and lifting the DANCO. You may... Read more »

1 Answer | Asked in Domestic Violence for Colorado on

Q: Can I get a restraining order filed against my ex? And how do I start the process?

It's been over a month since I left my ex boyfriend of 2 years. We we're living together and I moved out, staying on my friends couch for now. After several times of telling him to leave me alone, he persists. I have blocked him on everything - my phone, email, social media. For him to create a new... Read more »

Tristan Kenyon Schultz answered on Feb 13, 2018

While it is possible to pursue a civil protection order, the best approach is usually to contact the your local police about the harassment. If they find an incidence of domestic violence (note: DV charges do not necessarily require physical harm if threats of physical violence are concrete), an... Read more »

1 Answer | Asked in Domestic Violence, Criminal Law and Juvenile Law for Colorado on

Q: If a 16 year old punches a 17 year old, what are the legal consequences that could happen?

Mr. H. Michael Steinberg answered on Nov 22, 2017

The case will be filed in Juvenile Court - and most likely - if the injuries were not serious - the juvenile will be offered a diversion program which is a kind of probation that ends with a dismissal of the case following anger management classes etc.

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