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Colorado Domestic Violence Questions & Answers
2 Answers | Asked in Domestic Violence for Colorado on
Q: is there any way to get out of going to court after you filed restraining orders?

i filed two restraining orders and got both granted however, now i have to go into court because the restrained people have a right to be heard. is there anyway that i could not be there for that? i suffer from major ptsd and i’m terrified of going to court and seeing both of the people there.

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Aug 9, 2019

If you want the temporary restraining orders to be made permanent you must appear and present your case. If you do not the restraining orders will dissolve. They will be dismissed. There is no alternative. You must present your case and be subject to cross examination. I am sorry.

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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Colorado on
Q: My mother gave me (20) a painful bruise while trying to take a roll of tape from me and I was not sure what I can do

I am 20 first off. I also still live with my parents. The incident happened while I was trying to work on our deck outside and she told me I was doing it wrong. I said no when she asked for the roll of tape. I then felt threatened when she started approaching me and turned away from her. She then... Read more »

Courtney Edwards
Courtney Edwards answered on Jul 29, 2019

You could report the assault to the police- they would investigate and determine if an arrest or summons was warranted. If they arrested her for assault, the judge could impose a protection order to protect you from her. However, in Colorado, domestic violence refers to folks who a in an intimate... Read more »

1 Answer | Asked in Domestic Violence for Colorado on
Q: I filed a report against my fiancé for domestic violence, when the detective calls Can i have the case dropped?

I filed a report against my fiancé for domestic violence, when the detective calls Can i have the case dropped and not file ?

The ER (wanted to make sure the baby inside me is okay) called the police to inform of domestic violence. The police officer who took my statement filed the report... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 6, 2019

The first thing that you think about should be safety for your baby and yourself. If the ER called the police, the harm was serious. it won't stop. The state can decide whether to prosecute or not based on the ER report. You can tell the detective that you do not want to prosecute, however the... Read more »

1 Answer | Asked in Domestic Violence for Colorado on
Q: What are my chances of having domestic violence and child abuse wothout injury dropped if there is no evidence of both?

My wife stated that when she called the cops she was not hurt and neither was my son. They found no proof of injury on both, or evidence of domestic violence, but i got charged with domestic violence and child abuse wothout injury

Jonathan Greenlee
Jonathan Greenlee answered on Jul 1, 2019

At this point, you have been charged, so at a minimum the police determined there was probable cause for a criminal offense. There are a number of ways child abuse can be charged without requiring proof of any injury, and a domestic violence tag on a charge (domestic violence is not a charge but a... Read more »

1 Answer | Asked in Domestic Violence for Colorado on
Q: If i testify in a domestic violence case can things i say then be used against me to charge me with a crime?

My ex and i both were charged with domestic violence. My second court date all charges were dropped against me . I was subpoenaed to testify. If something i say incriminates me during his trial while testifying can charges be brought against me again after his trial?

Sabra M. Janko
Sabra M. Janko answered on Jun 19, 2019

Information that you provide in a court proceeding under oath can be used against you in a criminal proceeding. While you can claim the fifth amendment right to remain silent in a criminal proceeding, you can not do so in a civil proceeding. You should consult with an attorney before you testify.

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
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
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
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...
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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
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
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
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
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
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...
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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
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
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
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,... Read more »

Brian K. McHugh
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... 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
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
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
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.

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