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Colorado Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: What are the codes on probation extension and can it exceed the max sentence of the crime
Douglas T. Cohen
Douglas T. Cohen
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...
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1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: i had demestic violance charg in 2007 did not get to court till 2020 what year law do i fall under
Mr.  H. Michael Steinberg
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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

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Domestic Violence for Colorado on
Q: no custody arrangments, im now out of state my ex has child is reg. SO. what can i do to see that I get time with my son

i have no $ because it goes to child support

John Hyland Barrett III
John Hyland Barrett III
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.

1 Answer | Asked in Criminal Law, Domestic Violence and Sexual Harassment for Colorado on
Q: I'm being charged with this crime. What punishment can I expect to receive
Sabra M. Janko
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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.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Colorado on
Q: Can a 17 year old press charges on a 20 year old without parental consent or do the parents need to approve?

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

Sabra M. Janko
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answered on Jul 8, 2020

Anyone can report a crime to the police.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Colorado on
Q: I notified landlord in writing to terminate lease due to domestic violence and threats And was told I had to pay a year.

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

Sabra M. Janko
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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

1 Answer | Asked in Contracts and Domestic Violence for Colorado on
Q: Would this law apply also to a land deal we jointly entered a 4 wks ago put $1,000 deposit, can I get that deposit back?

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

Sabra M. Janko
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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

1 Answer | Asked in Domestic Violence for Colorado on
Q: Can the victim of domestic violence be in trouble for not obeying the protection order?
Sabra M. Janko
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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

2 Answers | Asked in Criminal Law, Divorce, Immigration Law and Domestic Violence for Colorado on
Q: My wife went missing, will the detective investigating question me more if I file jointly non contested?

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

Courtney Edwards
Courtney Edwards
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

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2 Answers | Asked in Identity Theft, Family Law, Domestic Violence and Social Security for Colorado on
Q: my father emotionally abuses me and my mother, I don't live at home is it possible to get a protective order?

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.

John Hyland Barrett III
John Hyland Barrett III
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.

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1 Answer | Asked in Family Law and Domestic Violence for Colorado on
Q: I'm i able to ask for sole custody if i can prove to the court that the dad has been abusive to the kids and myself?

The kids are 10, 7 and 4 years old.

Father has continued to make this procesd very difficult.

Sabra M. Janko
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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.

1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Constitutional Law for Colorado on
Q: Is it illegal for CPS to permanently place my kids with my absusers sister with a protection order in place?

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

Sabra M. Janko
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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.

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Colorado on
Q: Can I get a POA for my husband to speak to my ex husband on my behalf? Talking to my ex triggers my anxiety.

I have diagnosed with PTSD and severe anxiety stemming from my marriage to my ex.

John Hyland Barrett III
John Hyland Barrett III
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).

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3 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for Colorado on
Q: What do I do if my ex wife is filing for a CFI with no probable cause?

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

Douglas T. Cohen
Douglas T. Cohen
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.

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1 Answer | Asked in Animal / Dog Law and Domestic Violence for Colorado on
Q: My wife assaulted me, there is a protection order in place, she wont get her animals, can i take them to the shelter?
Kristina M. Bergsten
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Kristina M. Bergsten
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.

2 Answers | Asked in Criminal Law and Domestic Violence for Colorado on
Q: If the "victim" in a domestic violence case doesnt wish for the def. to be charged can the charges be dismissed?

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

Brian K. McHugh
Brian K. McHugh
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.

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1 Answer | Asked in Domestic Violence for Colorado on
Q: If I was asked to show up in court for "Threat of Domestic Violence" do I need a lawyer representation for this hearing?

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

Sabra M. Janko
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answered on Nov 18, 2019

Yes, if you have been accused of a crime then you should have an attorney.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: My child is afraid to go back to mother's place because the step father is abusive. How do I legally keep my child safe?

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

Sabra M. Janko
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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.

2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Colorado on
Q: Is it possible to get an emergency custody court order?

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?

John Hyland Barrett III
John Hyland Barrett III
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.

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1 Answer | Asked in Domestic Violence for Colorado on
Q: Can an opposing attorney impose interest on awarded fees through judgement if not stated on an order?

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

Sabra M. Janko
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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.

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