answered on Oct 12, 2020
Good day, The short answer is "it depends, more info is needed."
The longer answer: If this is a Colorado case, every felony and misdemeanor in Colorado has a different presumptive range of what you can be sentenced to. However, in general, the maximum years you can be... View More
answered on Oct 5, 2020
The law in effect at the time of your alleged crime. There may - however - be an argument that if the law changed and is now more lenient - you should fall under the revised law. This issue is very fact-specific. Best H
i have no $ because it goes to child support
answered on Sep 16, 2020
You can file an action for allocation of parental responsibilities assuming the child lives in Colorado. Other states may have different name for a similar custody case. The court will establish a parenting time schedule for you. You should get a lawyer for this.
answered on Jul 31, 2020
You have not identified the crime, however even if you had, the answer is going to be that it depends on what the evidence will show.
So my sister is 17 and we’ve been fighting a lot. I’m 20 and she tells me if I get into a physical altercation with her she’ll press charges. We live in the same house but the address on my ID is different. Can I get into trouble for physically fighting with her? I also have a daughter so if... View More
answered on Jul 8, 2020
Anyone can report a crime to the police.
I emailed notification in writing to landlord and leasing firm within 3 days of signing lease that I was threatened by a man to sign the lease in my name so he could live there. I sent record of this mans criminal felony background. Leasing agent and landlord responded with I had to pay a full year... View More
answered on May 7, 2020
I am sorry to hear about your situation. Typically a landlord would want to see a protection order against the other occupant on the lease to establish the grounds for release from the lease based on domestic violence. A report of unrelated felonies would not provide sufficient grounds from release... View More
He's held me at gunpoint several times & got arrested for it. I may go into hiding since he's just been released on bond. I want out of the land deal, but the sellers want to keep my $1,000 deposit. They have other buyers waiting to purchase. Sad they want to keep my deposit. Can I... View More
answered on May 5, 2020
I am sorry to hear about your situation. There are laws that allow a person to cancel a lease if there is evidence of domestic violence, so that the victim does not have to live with the abuser. However a land deal would not require the victim to live with the abuser so may well not fall under the... View More
answered on Apr 12, 2020
It would be important to have more information, however the order does not proscribe victim action. Nevertheless, it is not a good idea to engage in actions that would potentially entice the restrained party to violate the order, such as contacting him or her. It could potentially be construed as a... View More
We were married June 2017 in Colorado Springs. My wife is a foreigner and was here on a fiance visa, she went missing February last year and said she was going back to her home country, but nobody knows where she is. A few days ago she sent her half of the completed and signed divorce papers to me... View More
answered on Apr 10, 2020
Typically, I prefer to respond to questions posted on this forum with practical advice. However, my advice today to you is that you need to go speak, in person, with an attorney regarding this matter. There are so many nuances here to your story that need to be fully discussed with an attorney.... View More
my father is still my legal guardian
he has pointed a gun at me before
he has beaten my mother in front of me
I am terrified of him
he is diagnosed with anti social personality disorder (he's a sociopath)
he refuses to give me my legal documents SSA, Birth certificate, ID ect.
answered on Mar 4, 2020
If you are an adult (age 18), you can get a protection order based on these facts. If you are a minor, your mother can get a protection order for her and you. You or your mother should get a lawyer to help you with this.
The kids are 10, 7 and 4 years old.
Father has continued to make this procesd very difficult.
answered on Mar 3, 2020
Yes, courts will often award sole decision making to a parent who has been the subject of domestic violence. If you can establish child abuse on his part, then you can ask for restrictions on his time with the children.
The PO is permanent, with 2 violations! The court order is very vague. It states visitation at her discretion. She sneakily took my daughters and moved them 2 hours away from me and my son (Their half brother) and has yet to update her address with the court. I had to locate my children by doing a... View More
answered on Feb 23, 2020
An attorney would have to see the order but it sounds very broad and gives the sister a great deal of discretion. You may want to seek a modification to the order if you would like to propose alternate arrangement.
I have diagnosed with PTSD and severe anxiety stemming from my marriage to my ex.
answered on Feb 3, 2020
Yes, I think you can do this. However, your husband can not speak for you in court (unless he is your attorney).
My ex wife has involved social services twice and police numerous times claiming false domestic violence accusations against my current girlfriend and I in front of the kids. I've been thoroughly investigated and nothing has been founded. She is now threatening to file a motion for a CFI and... View More
answered on Feb 2, 2020
You can object to the appointment of a CFI, but with a high-conflict custody situation, the court is likely to appoint one. It is not up a therapist to decide.
answered on Jan 2, 2020
No.
If the protection order is against her to protect you, you can contact her to make arrangements for her to get her animals. OR you can contact a mutual friend to take the animals.
My fiancee and the father of her child had an altercation, some property was damaged, and he was arrested on domestic violence charges earlier this evening. Both parties settled things and were un agreement that damaged property would be replaced prior to police involvement, and the police were... View More
answered on Dec 16, 2019
The victim in a criminal case has the right to ask that the case be dismissed. However, the prosecutor is only required to listen to the victim's input, they are not required to do as the victim asks.
I have never been in court before and don't really know what to expect. I came back from work and my wife was raining insults and curses at me. At some point I responded to those insults which she took as a threat and called the police on me. Please any advise provided is greatly appreciated!... View More
answered on Nov 18, 2019
Yes, if you have been accused of a crime then you should have an attorney.
My child is having panic attacks, and ever Incresing anxiety when having to return to mother. Step father is verbally abusive to my child and verbally and physically abusive to his own kids.
I have my weekend visitation now and would like to legally keep the child with me so they can be... View More
answered on Nov 12, 2019
You could potentially file for an emergency restriction of parenting time depending on your evidence. If you believe based on credible evidence that abuse is occurring you can also make a report to the Department of Human Services.
My ex-husband was recently arrested. His mother (my child’s grandmother) took her and refuses to give her to me. Since I don’t have a custody court order I cannot get her back. I am at loss for what to do. Is it possible to get an emergency custody court order?
answered on Nov 4, 2019
You can request the court grant you custody on an emergency basis. You should get a lawyer to help you with this.
My husband was ordered to pay opposing party attorney fees in a family law matter. The judge ordered him to pay the full amount in 30 days which is not possible in conjunction with the amount he is paying for child support. The opposing attorney is now stating that she is assessing and 8% interest... View More
answered on Oct 24, 2019
If you are not in compliance with payment provisions of the court order, she can bring a contempt claim. There is separate law on interest on unpaid judgments.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.