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...
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.
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...
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...
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.
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.
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.
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...
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.
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.
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.
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.
I you intend to file for divorce or you anticipate a custody dispute a DV charge will likely have little effect on either matter. Specifically, property divisions associated with a divorce do not change because of DVs or other criminal matters because Colorado does not recognize fault in divorces. Similarly, DV charges typically do not impact custody matters unless...
Kristina M. Bergsten's answer I am not sure why the DA did not give you copies of these documents; he/she should have. Perhaps your victim's advocate will be able to give you those documents. If that does not work, you could ask the police department who made the report to give you copies - although, they might charge you a fee, or they might not since you are the victim in the report. It depends on the police department.
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