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Colorado Domestic Violence Questions & Answers
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, but... 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 trial... 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.

1 Answer | Asked in Child Custody and Domestic Violence for Colorado on
Q: My ex was just convicted of DV assult & disturb peace against me, he has full custody court order states my visits does

he still have to allow visits? We were living together off & on we also violating protection order. I did file for full custody & no mediation I didn't know he retained the same attorney for custody case in Jan that he had for criminal. I haven't been able to talk or see my son in over week and... Read more »

Stephen J. Plog
Stephen J. Plog answered on Apr 13, 2018

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.

1 Answer | Asked in Domestic Violence and Family Law for Colorado on
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

His child slept thru the entire thing. He was even tazed 10 feet away. The police had to wake his son up to let him know what was going on. The police had asked if he wanted them to call his mom. He said no he would stay with me than the next day go to grandpa's. So they left him with me which was... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Mar 5, 2018

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.

1 Answer | Asked in Domestic Violence for Colorado on
Q: What can I do to help drop DV assault charges for my significant other and dismiss the protection order?

We were in a violent fight due to a sensitive problem that happened less than a week prior. The fight led to my significant other being charged with assault and false imprisonment. I was sent to the hospital for 4 stitches in my lip. Being investigated after a traumatic experience had me... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 19, 2018

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... Read more »

1 Answer | Asked in Domestic Violence for Colorado on
Q: Can I get a restraining order filed against my ex? And how do I start the process?

It's been over a month since I left my ex boyfriend of 2 years. We we're living together and I moved out, staying on my friends couch for now. After several times of telling him to leave me alone, he persists. I have blocked him on everything - my phone, email, social media. For him to create a new... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 13, 2018

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... Read more »

1 Answer | Asked in Domestic Violence, Criminal Law and Juvenile Law for Colorado on
Q: If a 16 year old punches a 17 year old, what are the legal consequences that could happen?
Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Nov 22, 2017

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.

1 Answer | Asked in Domestic Violence for Colorado on
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

The investigator received a call from someone falsely claiming to be me with a name and address of where the attacker might be. Once I was aware I called the investigator to let him know that was not me and I didn't know why or who would call him. As a result I had two men outside of my home at 5am... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 16, 2017

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... Read more »

1 Answer | Asked in Domestic Violence for Colorado on
Q: am I able to sue my husband (soon to be ex) for domestic violence, trauma, emotional damage, etc.

He was convicted, is on probation, restraining order, DV classes, etc. I am still suffering terribly from the ill effects of this incident and others before it.

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 7, 2017

Yes, you can. I would recommend speaking to an attorney to determine the strengths and weaknesses of your case.

2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Colorado on
Q: i haven't been paying child support lately, but am wanting to request more time due to abuse in the home?
John Hyland Barrett III
John Hyland Barrett III answered on Nov 6, 2017

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.

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1 Answer | Asked in Personal Injury and Domestic Violence for Colorado on
Q: My wife was convicted of dv against me. I want to sue her. How do I go about This?

She bit me, burned me, beat me, and destroyed 1k in property.

Peter N. Munsing
Peter N. Munsing answered on Oct 31, 2017

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.

1 Answer | Asked in Domestic Violence for Colorado on
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.

the judge or victims assistance

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Sep 28, 2017

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... Read more »

1 Answer | Asked in Domestic Violence for Colorado on
Q: I have a high risk pregnancy and am living with severe domestic violence. I need to know my rights.

It seems like the cops will not help me. I say that because everytime i call them nothing comes out of it, and they continue to state that it is a civil dispute. I have little to no evidence and am wondering how i can prove that i am being abused.. Do i need to record our conversations? I have a... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Aug 24, 2017

Domestic violence is exclusively a criminal offense. If the police will not act, you can contact the DA's Office directly.

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...
Read more »

1 Answer | Asked in Domestic Violence for Colorado on
Q: I am a victim of domestic violence.Why didnt the DA agree to give me access to the police report and pictures?

I applied for the police report and pictures through the DA because i believed as a victim I have the right to have copies of these documents but my requests were denied. How can I obtain these documents and why am I not granted permission to them? This incidence occured in douglas county, colorado.

Kristina M. Bergsten
Kristina M. Bergsten answered on Aug 18, 2017

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... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Colorado on
Q: Can CPS take a child out of the home for domestic violence. The police has been called over 20 times within a yr.

My soon to be ex daughter in law had another child with her boyfriend. He is an alcoholic And very violent. The police is called to the residence at least 2 times a month. What can I do to get him out of this abusive home?

Stephen J. Plog
Stephen J. Plog answered on Aug 18, 2017

If CPS becomes involved and determines that a Dependency and Neglect case needs to be opened, then you would have opportunity to intervene in that case, as an interested party. Domestic violence can be a basis for CPS to become involved.

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: Will the DA still press charges if the victim had a medical issue and thought they were attacked when they actually not

The victim had a hypoglycemic episode that causes them to be irrational, aggressive and talked about killing themselves. Original report was that the victim was attacked but after time realized what happened and was not attacked. The defendant actually stopped the victim from hurting themselves. A... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Aug 16, 2017

Only the DA can make the decision whether or not to proceed with the case. Your actions may weaken the DV case (which may result in the DA dropping charges), but the DA can proceed with or without your participation.

1 Answer | Asked in Domestic Violence and Federal Crimes for Colorado on
Q: If the D.A. drops aDomestic violence charge against you will the restraining order also be dropped
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 31, 2017

Automatic protection orders are removed when a DV case is closed. The closure can occur via conviction, dropping of charges or substituting non-DV charges in a plea deal. If the protection order was separately claimed or modified by a court, the closing of a DV case may not remove the protection... Read more »

1 Answer | Asked in Civil Litigation, Domestic Violence and Family Law for Colorado on
Q: Can I get around the publication part of the name change if I had a ex-boyfriend who was molesting?

I didn't file a report against him when it happened.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 23, 2017

Ultimately the judge decides whether or not the publication requirement is required. If you have health/safety concerns, there is a realistic possibility that a judge may waive the publication requirement, but there are no guarantees. If the evidence of molestation is documented and proven (say a... Read more »

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