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Colorado Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence and Landlord - Tenant for Colorado on
Q: I notified landlord in writing to terminate lease due to domestic violence and threats And was told I had to pay a year.

I emailed notification in writing to landlord and leasing firm within 3 days of signing lease that I was threatened by a man to sign the lease in my name so he could live there. I sent record of this mans criminal felony background. Leasing agent and landlord responded with I had to pay a full year... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 7, 2020

I am sorry to hear about your situation. Typically a landlord would want to see a protection order against the other occupant on the lease to establish the grounds for release from the lease based on domestic violence. A report of unrelated felonies would not provide sufficient grounds from release... Read more »

1 Answer | Asked in Contracts and Domestic Violence for Colorado on
Q: Would this law apply also to a land deal we jointly entered a 4 wks ago put $1,000 deposit, can I get that deposit back?

He's held me at gunpoint several times & got arrested for it. I may go into hiding since he's just been released on bond. I want out of the land deal, but the sellers want to keep my $1,000 deposit. They have other buyers waiting to purchase. Sad they want to keep my deposit. Can I... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 5, 2020

I am sorry to hear about your situation. There are laws that allow a person to cancel a lease if there is evidence of domestic violence, so that the victim does not have to live with the abuser. However a land deal would not require the victim to live with the abuser so may well not fall under the... Read more »

1 Answer | Asked in Domestic Violence for Colorado on
Q: Can the victim of domestic violence be in trouble for not obeying the protection order?
Sabra M. Janko
Sabra M. Janko answered on Apr 12, 2020

It would be important to have more information, however the order does not proscribe victim action. Nevertheless, it is not a good idea to engage in actions that would potentially entice the restrained party to violate the order, such as contacting him or her. It could potentially be construed as a... Read more »

2 Answers | Asked in Criminal Law, Divorce, Immigration Law and Domestic Violence for Colorado on
Q: My wife went missing, will the detective investigating question me more if I file jointly non contested?

We were married June 2017 in Colorado Springs. My wife is a foreigner and was here on a fiance visa, she went missing February last year and said she was going back to her home country, but nobody knows where she is. A few days ago she sent her half of the completed and signed divorce papers to me... Read more »

Courtney Edwards
Courtney Edwards answered on Apr 10, 2020

Typically, I prefer to respond to questions posted on this forum with practical advice. However, my advice today to you is that you need to go speak, in person, with an attorney regarding this matter. There are so many nuances here to your story that need to be fully discussed with an attorney.... Read more »

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2 Answers | Asked in Identity Theft, Family Law, Domestic Violence and Social Security for Colorado on
Q: my father emotionally abuses me and my mother, I don't live at home is it possible to get a protective order?

my father is still my legal guardian

he has pointed a gun at me before

he has beaten my mother in front of me

I am terrified of him

he is diagnosed with anti social personality disorder (he's a sociopath)

he refuses to give me my legal documents SSA, Birth certificate, ID ect.

John Hyland Barrett III
John Hyland Barrett III answered on Mar 4, 2020

If you are an adult (age 18), you can get a protection order based on these facts. If you are a minor, your mother can get a protection order for her and you. You or your mother should get a lawyer to help you with this.

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1 Answer | Asked in Family Law and Domestic Violence for Colorado on
Q: I'm i able to ask for sole custody if i can prove to the court that the dad has been abusive to the kids and myself?

The kids are 10, 7 and 4 years old.

Father has continued to make this procesd very difficult.

Sabra M. Janko
Sabra M. Janko answered on Mar 3, 2020

Yes, courts will often award sole decision making to a parent who has been the subject of domestic violence. If you can establish child abuse on his part, then you can ask for restrictions on his time with the children.

1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Constitutional Law for Colorado on
Q: Is it illegal for CPS to permanently place my kids with my absusers sister with a protection order in place?

The PO is permanent, with 2 violations! The court order is very vague. It states visitation at her discretion. She sneakily took my daughters and moved them 2 hours away from me and my son (Their half brother) and has yet to update her address with the court. I had to locate my children by doing a... Read more »

Sabra M. Janko
Sabra M. Janko answered on Feb 23, 2020

An attorney would have to see the order but it sounds very broad and gives the sister a great deal of discretion. You may want to seek a modification to the order if you would like to propose alternate arrangement.

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Colorado on
Q: Can I get a POA for my husband to speak to my ex husband on my behalf? Talking to my ex triggers my anxiety.

I have diagnosed with PTSD and severe anxiety stemming from my marriage to my ex.

John Hyland Barrett III
John Hyland Barrett III answered on Feb 3, 2020

Yes, I think you can do this. However, your husband can not speak for you in court (unless he is your attorney).

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3 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for Colorado on
Q: What do I do if my ex wife is filing for a CFI with no probable cause?

My ex wife has involved social services twice and police numerous times claiming false domestic violence accusations against my current girlfriend and I in front of the kids. I've been thoroughly investigated and nothing has been founded. She is now threatening to file a motion for a CFI and... Read more »

Douglas T. Cohen
Douglas T. Cohen answered on Feb 2, 2020

You can object to the appointment of a CFI, but with a high-conflict custody situation, the court is likely to appoint one. It is not up a therapist to decide.

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1 Answer | Asked in Animal / Dog Law and Domestic Violence for Colorado on
Q: My wife assaulted me, there is a protection order in place, she wont get her animals, can i take them to the shelter?
Kristina M. Bergsten
Kristina M. Bergsten answered on Jan 2, 2020

No.

If the protection order is against her to protect you, you can contact her to make arrangements for her to get her animals. OR you can contact a mutual friend to take the animals.

2 Answers | Asked in Criminal Law and Domestic Violence for Colorado on
Q: If the "victim" in a domestic violence case doesnt wish for the def. to be charged can the charges be dismissed?

My fiancee and the father of her child had an altercation, some property was damaged, and he was arrested on domestic violence charges earlier this evening. Both parties settled things and were un agreement that damaged property would be replaced prior to police involvement, and the police were... Read more »

Brian K. McHugh
Brian K. McHugh answered on Dec 16, 2019

The victim in a criminal case has the right to ask that the case be dismissed. However, the prosecutor is only required to listen to the victim's input, they are not required to do as the victim asks.

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1 Answer | Asked in Domestic Violence for Colorado on
Q: If I was asked to show up in court for "Threat of Domestic Violence" do I need a lawyer representation for this hearing?

I have never been in court before and don't really know what to expect. I came back from work and my wife was raining insults and curses at me. At some point I responded to those insults which she took as a threat and called the police on me. Please any advise provided is greatly appreciated!... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 18, 2019

Yes, if you have been accused of a crime then you should have an attorney.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: My child is afraid to go back to mother's place because the step father is abusive. How do I legally keep my child safe?

My child is having panic attacks, and ever Incresing anxiety when having to return to mother. Step father is verbally abusive to my child and verbally and physically abusive to his own kids.

I have my weekend visitation now and would like to legally keep the child with me so they can be... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 12, 2019

You could potentially file for an emergency restriction of parenting time depending on your evidence. If you believe based on credible evidence that abuse is occurring you can also make a report to the Department of Human Services.

2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Colorado on
Q: Is it possible to get an emergency custody court order?

My ex-husband was recently arrested. His mother (my child’s grandmother) took her and refuses to give her to me. Since I don’t have a custody court order I cannot get her back. I am at loss for what to do. Is it possible to get an emergency custody court order?

John Hyland Barrett III
John Hyland Barrett III answered on Nov 4, 2019

You can request the court grant you custody on an emergency basis. You should get a lawyer to help you with this.

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1 Answer | Asked in Domestic Violence for Colorado on
Q: Can an opposing attorney impose interest on awarded fees through judgement if not stated on an order?

My husband was ordered to pay opposing party attorney fees in a family law matter. The judge ordered him to pay the full amount in 30 days which is not possible in conjunction with the amount he is paying for child support. The opposing attorney is now stating that she is assessing and 8% interest... Read more »

Sabra M. Janko
Sabra M. Janko answered on Oct 24, 2019

If you are not in compliance with payment provisions of the court order, she can bring a contempt claim. There is separate law on interest on unpaid judgments.

1 Answer | Asked in Criminal Law, Divorce, Child Custody and Domestic Violence for Colorado on
Q: Can you record an 11 year old and use it in court?
Sabra M. Janko
Sabra M. Janko answered on Oct 23, 2019

You usually would not be able to use a recording unless the person recorded was there to testify because it would be considered hearsay. There are some exceptions to hearsay, however testimony of children is often not used in court to protect the child. It depends on what kind of case is happening... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Colorado on
Q: Me and my now ex husband lost our child to the state I had a protection order put on him. I almost got custody back and

People in court say if I drop protection order I won't get my daughter at perminant planning trail. Is this legal for them to do? The protection order I put on him was after they took our daughter. But before they took her we both was doing meth and he punched me and kicked me. But I believe... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 29, 2019

The answer depends on the specific facts of your case. If you take an action that the court perceives as not being in the best interests of your child for safety reasons, that will impact an allocation of parental responsibilities decision. You should speak to an attorney to determine the best... Read more »

1 Answer | Asked in Civil Litigation and Domestic Violence for Colorado on
Q: Boyfriend wants to kick me out. I am not on lease, hid me & my 2 sons in order to get approved on HOA townhome. Rights?

Applied for place as single man because I have eviction under my name and he didn't want us to get denied. He signed declaration of residency in order for my sons to attend 2 seperate schools. He now wants us out. Do I have any rights, seeing I'll just be homeless with 2 children...

James Newell
James Newell answered on Aug 21, 2019

You may have rights as a subtenant. It can get complex so It's best to speak to an attorney about this.

1 Answer | Asked in Domestic Violence for Colorado on
Q: What information do i need to put on a motion to dismiss a protection order?

There is a protection order set for my husband and i. I am not at risk of any harm i need to be able to be around my husband. I want to file a motion to dismiss the protection order

Sabra M. Janko
Sabra M. Janko answered on Aug 14, 2019

You should make certain that you will be safe. That is top priority. if you want to ask to dismiss then you simply put the reasons why you are asking. No one can tell you what reasons to provide.

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: Can the girlfriend go back to the DA and ask him to stick it to him. She always threaten that when she gets mad at him
Sabra M. Janko
Sabra M. Janko answered on Aug 14, 2019

The DA will decide what to do based on the evidence. Any accuser can always state their preference, however an accuser does not decide what approach the DA will take.

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