Colorado Domestic Violence Questions & Answers

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

1 Answer | Asked in Domestic Violence for Colorado on
Answered on Feb 2, 2019
Mr. H. Michael Steinberg's answer
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 probation terminates.

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

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Answered on Jan 15, 2019
Courtney Edwards' answer
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 order, they have to sign the complaint "under the penalty of perjury." This means that if there are statements that are materially false, your wife could be subject to a prosecution for perjury. There...

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

1 Answer | Asked in Criminal Law, Personal Injury, Domestic Violence and Federal Crimes for Colorado on
Answered on Oct 27, 2018
John Kenneth Joyner's answer
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 request a hearing to have the order made permanent. You will be required to have the paperwork served on the restrained party before the permanent protection order hearing.

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

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Colorado on
Answered on Sep 14, 2018
Gary Kollin's answer
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

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

3 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Colorado on
Answered on Sep 10, 2018
Brian K. McHugh's answer
It is a crime to knowingly give false information to a peace officer.

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

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Answered on Sep 9, 2018
Brian K. McHugh's answer
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 and the decision to forego trial because of the threat would render the decision to forego trial involuntary.

That said, an allegation that a prosecutor threatened a defendant if he/she...

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

1 Answer | Asked in Domestic Violence for Colorado on
Answered on Aug 24, 2018
Mr. H. Michael Steinberg's answer
I would like to answer your question but I don't understand it.

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

2 Answers | Asked in Criminal Law and Domestic Violence for Colorado on
Answered on Aug 10, 2018
John Kenneth Joyner's answer
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 certain distance away from the protected parties, then it is the obligation of the person who is restrained to stay away from those who are protected. If you need this order modified, you can request...

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

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Answered on May 23, 2018
John Hyland Barrett III's answer
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.

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

1 Answer | Asked in Child Custody and Domestic Violence for Colorado on
Answered on Apr 13, 2018
Stephen J. Plog's answer
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.

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

1 Answer | Asked in Domestic Violence and Family Law for Colorado on
Answered on Mar 5, 2018
John Hyland Barrett III's answer
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.

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

1 Answer | Asked in Domestic Violence for Colorado on
Answered on Feb 19, 2018
Jonathan Matthew Holson's answer
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 have more success regarding your input regarding the sentence that this gentleman will face in the event that he is convicted.

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

1 Answer | Asked in Domestic Violence for Colorado on
Answered on Feb 13, 2018
Tristan Kenyon Schultz's answer
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 automatic (and temporary) protection order is granted. DV charges can also occur AFTER an incident occurs. If conviction occurs, it is possible to modify the mandatory PO into a permanent. Until action...

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

1 Answer | Asked in Domestic Violence, Criminal Law and Juvenile Law for Colorado on
Answered on Nov 22, 2017
Mr. H. Michael Steinberg's answer
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.

Q: Issue with the investigator I am in more fear now than ever due to the investigator in charge of my case I'm the victim

1 Answer | Asked in Domestic Violence for Colorado on
Answered on Nov 16, 2017
Kristina M. Bergsten's answer
I would recommend contacting the District Attorney assigned to your case and/or your victim's advocate. If you do not feel that will work, or you have tried and it hasn't helped, I would recommend contacting an attorney to represent you as your victim's advocate; once you are represented by counsel, the investigator will have to communicate to you through your attorney.

Q: am I able to sue my husband (soon to be ex) for domestic violence, trauma, emotional damage, etc.

1 Answer | Asked in Domestic Violence for Colorado on
Answered on Nov 7, 2017
Kristina M. Bergsten's answer
Yes, you can. I would recommend speaking to an attorney to determine the strengths and weaknesses of your case.

Q: i haven't been paying child support lately, but am wanting to request more time due to abuse in the home?

2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Colorado on
Answered on Nov 6, 2017
John Hyland Barrett III's answer
There is not supposed to be a correlation between paying support and parenting time. However, not paying child support may be viewed by the judge as a negative factor and bring into question your concern for the child. You should retain an attorney to assist you with this important issue.

Q: My wife was convicted of dv against me. I want to sue her. How do I go about This?

1 Answer | Asked in Personal Injury and Domestic Violence for Colorado on
Answered on Oct 31, 2017
Peter N. Munsing's answer
Contact a divorce/familly law attorney. You want to get out of the entire deal and this is relevant. You have a claim for your injuries and property damage.

Q: If my husband is on probation for domestic violence and I need to get a restraining order who do I go through his p.o.

1 Answer | Asked in Domestic Violence for Colorado on
Answered on Sep 28, 2017
Mr. H. Michael Steinberg's answer
You have two options - (1) seek a civil restraining order on your own using Colorado's civil restraining order system. (2) Request the DA - usually through your victim advocate (in the DA's office) to request the DA to file a Motion for a no contact order. Again - this is automatic in most cases from the inception in Colorado unless it was lifted by agreement of the parties and the judge earlier in the case.

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