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Colorado Domestic Violence Questions & Answers
2 Answers | Asked in Domestic Violence and Family Law for Colorado on
Q: There is currently an active case for abuse against the husband of my sons mother for abusing one of my sons siblings

She is now wanting to exercise her parenting time for the summer. Am I still required to send him to her house for the summer.

Sabra M. Janko
Sabra M. Janko answered on May 20, 2021

I am sorry to hear about your situation. Everyone is obligated to follow the court order in existence. If a modification or an emergency restriction is needed, then it is necessary to file with the court to make the change if there is already an order in existence,

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1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: How long does my ex have to get his stuff after a protection order is in place? I need to find a new roommate.

Cops said it will most likely be a permanent protection order and I believe he is still paying rent to store his stuff here but he isn't coming back and I want the clutter gone so we can find a new roommate. He's been in another state for a month coming back for a day or two then leaving... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 26, 2021

I am sorry to hear about your situation. There is no time specified by the law for him to remove belongings from his home. Particularly if he is on the lease, he is not legally obligated to remove his belongings. If this is a criminal protection order, it will be in place until the criminal... Read more »

1 Answer | Asked in Domestic Violence for Colorado on
Q: How can dv defendant have GPS monitor removed when victim told pretrial she moved out of state. Def needs to move

The dv is over a text message that was taken out of context for spite. She's told pretrial and da she didn't want to do anything now and has moved to another state

Sabra M. Janko
Sabra M. Janko answered on Apr 23, 2021

You could ask for a modification of the protection order. However depending on how the protection order is worded, it may not matter whether she has moved out of state or not.

1 Answer | Asked in Domestic Violence for Colorado on
Q: My ex boyfriend and I just recently separated and he wont stop threatening me and harassing me via text...what can I do
Sabra M. Janko
Sabra M. Janko answered on Apr 23, 2021

I am sorry to hear about your situation. You could file for a protection order if he is threatening and harassing you.

1 Answer | Asked in Domestic Violence and Family Law for Colorado on
Q: How can my parents kick out my 24 year old brother that is verbally and mentally abusing them?

My older brother was diagnosed with bipolar 1 last year. He has not wanted to take medication or go to a mental hospital and he has just moved back in since then. He is verbally and mentally abusive and beyond delusional. He speaks a lot about things that are not real and has this idea in his head... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 23, 2021

I am sorry to hear about your situation. Your parents are responsible for his care until he is 18. If there are reasons why he should be institutionalized, then that is a possibility.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Colorado on
Q: Can I pick up my stuff from shared yard with permission from the neighbors at ex boyfriends place where I used to live?

I was in a relationship that turned abusive and controlling in the last couple of years out of seven total. The last two of them with him in a duplex, with neighbors on top and us on bottom. The front/backyard was shared with separate front doors to each unit, shared back door to yard. I moved out... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 23, 2021

I am sorry to hear about your situation. it all depends on what the protection order says.

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: I haven't spoken to police after my boyfriend told them I hit him. Can they issue a warrant for my arrest?

He pushed me first then I did then he kicked me right above my knee left bruising then he tripped n fell. He got up n left saying I hit him. He would get in trouble if I was to tell my side like it happened he has 2 felonies n 2dv charges on his record. I have a 1 case underlyning dv. But even... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 23, 2021

I am sorry to hear about your situation. If you are asking whether the police can arrest you only because you are not speaking to them, the answer is no. They have to have probable cause to suspect you of a crime to arrest you.

1 Answer | Asked in Domestic Violence for Colorado on
Q: What could happen to me if I retract a statement
Sabra M. Janko
Sabra M. Janko answered on Mar 20, 2021

It depends on what type of statement and how you retract it. If you say that you made a false official statement, then you could subject yourself to false reporting consequences.

2 Answers | Asked in Domestic Violence for Colorado on
Q: Will only a written statement hold up in the preliminary hearing if the alleged victim doesn't show up?
Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Mar 7, 2021

The alleged victim almost never testifies at a Preliminary Hearing. The district attorney almost always calls one maybe two witnesses, usually the Detective who filed the case and one of the original responding police officers. The testimony consists primarily of a review of the investigation and... Read more »

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1 Answer | Asked in Juvenile Law, Family Law, Child Custody and Domestic Violence for Colorado on
Q: Can you ask for parental rights stripped when a parent is charged with cruelty to juvenile?

My ex husband kept my son from any contact with me for a year and a half. During which time he removed him from school telling him it was for his own good he is to stupid to be in public. He socially isolated him. Neglected to give medical treatment to him on numerous occasions. He and his wife... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2021

You can ask for it if he has been convicted of a crime related to child abuse, however the court may grant supervised visitation instead if it determines that the supervised contact would be in the best interests of the child.

1 Answer | Asked in Domestic Violence for Colorado on
Q: Is it normal for public defender to ask the accused to take the victim back there home state after released

Assault in the second degree class 6 felony.accussed of trying to strangle my girlfriend while driving down road.i was in work truck.50 foot truck and trailer loaded 106,000 thousand pounds.before court asked if im willing to take her back to idaho where we live.then once we get there start the no... Read more »

Sean Maye
Sean Maye answered on Feb 12, 2021

To be perfectly honest, this question is a bit hard to follow. I read the question as - "Is a public defender allowed to advise their client that they may transport a domestic violence victim outside the state?"

Assuming this is your question, I would respond in a few ways:...
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1 Answer | Asked in Domestic Violence and Municipal Law for Colorado on
Q: Can the cops have someones vehicles towed from my property if I have a restraining order agent them?

The restraining order was from domestic violence had a portection order and it was a lot of vehicles and a camper (all his belongings were in it) I was also being told by code enforcement that they (20 some vehicles) needed to be removed or they were going to condem my property for it being... Read more »

Sabra M. Janko
Sabra M. Janko answered on Feb 9, 2021

If the vehicle is his, then he has a right to it. Typically there should be some coordination from someone with regards to entry onto your property, if you own the property, to remove the vehicle.

1 Answer | Asked in Domestic Violence for Colorado on
Q: Domestic Assault - Vacating Lease Question

I was involved in a pretty horrific domestic assault on 1/4/2021. My, now ex (who is facing criminal charges due to this) and I were on a lease together. However, due to Colorado law and domestic violence victims, I notified our landlord immediately with the protection order and vacated the home on... Read more »

Sabra M. Janko
Sabra M. Janko answered on Feb 8, 2021

I am sorry to hear about your situation. The statute allows for your release from the lease though you would still owe one month's rent. As for landlord collection, the landlord vies both people on the lease as being financially responsible and can seek to collect the rent from either person... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Colorado on
Q: Is it illegal to video record a physical fight happening in the living room of a home, when they live in the living room

I’ve had a problem with my roommates who are married. They keep fighting at extremely high volume, and get physical with each other. I’ve physically seen the man on top of her holding her down, appearing to be choking her. They have been hitting each other. Breaking things. All within direct... Read more »

Sean Maye
Sean Maye answered on Feb 3, 2021

If they live in your home, there is a workable argument to make that your roommates essentially assume the risk that you would see, record and report any of their misconduct. This could be likened to laws that note that, generally speaking, someone can wear a wire while police are recording and... Read more »

2 Answers | Asked in Domestic Violence for Colorado on
Q: I have an open domestic violence case. My wife took the kids and left the state.... Does she have to show up in person?

I was thinking because of covid could they web ex her?

Sabra M. Janko
Sabra M. Janko answered on Jan 4, 2021

It depends on the court. Many courts have changed to Webex for COVID reasons. The Court will inform you and her of the hearing procedures. You could also check the court webpage and you can find information there are hearing procedures.

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: In Utah had a protective order against me and part of that order the judge said would automatic end I n 150 days.. well

At almost 2 years I was arrested for a violation . My kids was taken from me from our home in Colorado.. the judge said 150 days why isn't what the judge orders being done

Sabra M. Janko
Sabra M. Janko answered on Dec 17, 2020

You may wish to have an attorney review the order. If the order was issued in Utah, any modification would have to occur there if any of the parties remain there.

1 Answer | Asked in Domestic Violence for Colorado on
Q: I was arrested for domestic violence. If the court finds out I was actually the victim can my husband go to jail?

My daughter called 911 because my husband and I were fighting and when she came into the room I was unconscious on the floor. He said I hit him but there are no marks on him and I do not remember hitting him. I have a lot of bruising that I have taken pictures of. The officers said they had to... Read more »

Sean Maye
Sean Maye answered on Dec 2, 2020

First off, I am so sorry you are experiencing this.

As for your question, you can certainly report that your husband was the initial aggressor and you are the victim. But the fact that you already admitted to being the aggressor will likely be considered against you and the police/DA may...
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2 Answers | Asked in Criminal Law and Domestic Violence for Colorado on
Q: Are police officers required to report monetary gain for a reporting victim?

My ex has falsely reported me for DV several times. After I was charged and some cases convicted she filed for Spousal Transitional Compensation through the military. This is a payout of over $100,000 over a three year period and free healthcare.

Sean P. Harrell
Sean P. Harrell answered on Dec 2, 2020

A benefit to the named victim in a case for filing an allegation against you would be considered a possible motive to lie. This information, particularly if known by the government, should be discovered to the defense.

Each case and scenario must be reviewed individually in relation to...
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1 Answer | Asked in Criminal Law, Communications Law and Domestic Violence for Colorado on
Q: Are police required to take a missing persons report if an adult w/ history of mental illness disappears "voluntarily"?

My uncle disappeared. He did leave a message on Facebook saying he was going "off the grid", but that message has also disappeared. Police in Centennial, CO (where he lived) and Denver refuse to report him as a missing person because they say he is an adult who left voluntarily. But the... Read more »

Sean Maye
Sean Maye answered on Nov 25, 2020

First off, I am sorry that you and your family are suffering through this.

As for the law concerning missing persons, you may consult CO Statute 16-2.7-102, which states that "any person with relevant, credible information suggesting that a person is missing MAY make a missing person...
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1 Answer | Asked in Personal Injury and Domestic Violence for Colorado on
Q: Can my best friend get in trouble for self defense?

My best friend who is a male, got beat by his now ex girlfriend. She hit him several times breaking skin around his eye, so he slapped her, threw her on the bed, and put her in a headlock to try to get her to stop. There are no marks on her that I know of but he has a cut under his eye and a black... Read more »

Thomas Cantley
Thomas Cantley answered on Oct 27, 2020

Maybe.

The physical force used by your friend on his ex girlfriend would qualify as misdemeanor third degree assault, and possibly felony second degree assault for the pressure applied to the neck in the headlock. However, conduct that may qualify as assault (or even homicide) can be...
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