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Colorado Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence, Criminal Law and Federal Crimes for Colorado on
Q: What do I do if I (the victim) of DV case believe that the perpetrator is being offered an unfair sentence

My boyfriend had been arrested and gone to jail for numerous DV crimes including; battery, assault, arson. He had numerous felonies for violent offense and now after a second violent offense with me is being offered probation with no jail time. This does not make sense to me, what do I do if I... View More

Kimberly Diego
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answered on Jul 5, 2024

As the victim in the case you do have rights under the VRA. You have the right to appear at his next court hearing and tell the Judge that you disprove of the resolution and why you disprove. In some instances, but not all, this can mean the Judge rejects the agreement of the parties.

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Colorado on
Q: My ex listed the wrong name of our child and the judge invoked jurisdiction based on the residence of child listed.
Christopher N. Little
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Christopher N. Little
answered on May 14, 2024

Good Afternoon,

From the substance of your question, it looks like you are involved in a legal proceeding concerning your child. Issues related to jurisdiction concerning children are often nuanced. I suggest that you consult with an attorney in the state where the case is at now in order...
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1 Answer | Asked in Divorce, Family Law and Domestic Violence for Colorado on
Q: Good morning,

I am recently divorced (1+ year) and share two children with my ex. We share split custody of our two children with no child support nor alimony. With this, my ex has continued to be verbally, mentally and emotionally abusive towards me and I am interested in determining what options I might have.

Cindy Perusse
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Cindy Perusse
answered on May 2, 2024

Abusive to you or the kids? There are ways to limit contact or have contact monitored through platforms such as Our Family Wizard or Talking Parents. If the abuse you state relates to the children then you may consider a motion to modify parenting time. But, you will need to document and prove... View More

1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for Colorado on
Q: By law it’s say you have to be served a dvpo atleast 5 days before hearing

I was served with only 2 business days before the hearing from a out of state 1200 miles away so I couldn’t make it tried calling courts but never got through plus I never got a final judgment notification do I have a appeal case to get it dismissed since it wasn’t properly executed

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Jan 8, 2024

You will likely need to hire a criminal defense or family law lawyer, depending on the specifics of your case. There is a type of motion that may be applicable, depending on how much time has passed and other facts specific to your case. But, as often, time is of the essence since some of your... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: Is there a way to get a misdemeanor criminal mischief charge expunged or sealed so it doesn't show up on background chec
T. Augustus Claus
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answered on Nov 7, 2023

Yes, under certain circumstances, a misdemeanor criminal mischief charge might be expunged or sealed from a person's record in Colorado. The process is known as record sealing or expungement. If successful, it will prevent the conviction and the arrest details from appearing on most background... View More

1 Answer | Asked in Domestic Violence for Colorado on
Q: wondering regarding a case about domestic violence. If I get subpoenad to court and don't show up will I get arrested

I was the victim of domestic violence and I was just wondering if my girlfriend takes it to trial and I get subpoenad will I get arrested if I don't show up?

John Michael Frick
John Michael Frick
answered on Jul 20, 2023

Generally speaking, if you are just a witness and disobey a subpoena, you will not be "arrested." The trial will be postponed and capias will be issued for your detention. A sheriff or constable will locate and detain you, typically in the county jail, until a new trial date is reached.... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: Do I need to stay in contact with my ex when our child turns 18?

My ex is abusive and I was able to get sole legal custody by offering not to receive child support. My ex emails a few times a year to “check in” on our child. I typically respond with short emails that give details as to their health, school progress, and life in general without revealing any... View More

Rebecca Pescador
Rebecca Pescador
answered on Jun 28, 2023

As a general rule, once a child is 18, parenting time orders cease to have effect, though Judges will often consider enforcing the parental communication until the child has graduated high school if the child has not done so by the time they turn 18. Once a child is 18 and has graduated from high... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Domestic Violence and Small Claims for Colorado on
Q: Looking for solace and answer's in this Messy divorce, I'm open to suggestions on how to pursue legally?

ex-wife felt like telling all our neighbors and even the police that I physically and emotionally abused her. I separated from her because I had enough of the blame someone else for your problems attitude. She even went as far as getting help from a domestic abuse line in which they assisted her... View More

Michael Joseph Larranaga
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answered on Jun 5, 2023

This is a hard one particularly because you are dealing with a sensitive topic.

No one wants to say that a domestic violence victim was not a victim but a liar. That being said, it does not mean it is impossible to prove. The real issue comes down to public perspective. A strong case can...
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1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: I need a second opinion on my fiancees case
John Michael Frick
John Michael Frick
answered on May 21, 2023

You can retain an attorney to provide you with a second opinion. Be aware, however, that your fiancé’s attorney may know certain facts which your own attorney will not be privy to. So be sure that you are confident your own attorney explains to you possible alternative outcomes which may occur... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: What do I do I have a paternity mediation out of state and just found out,I'm a victim of domestic abuse while pregnant

I live in colorado, the father is in florida, and he filed paternity, I'm a victim of domestic violence by him while pregnant, he was trying to force me to have a miscarriage by punching me in my stomach several times, and beat me, and got.arrested for it

Please help i.am afraid of... View More

Sabra M. Janko
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answered on Oct 31, 2022

I am sorry to hear about your situation. If the case is filed here, you will have to cooperate with the testing. You can contact Colorado Legal Services and Tessa or another domestic violence center to see if you qualify for low-income assistance.

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Colorado on
Q: i am looking for the correct "vehicle" In regards to Motion to dismiss___?____

Based on inaccurate, misleading affidavit for arrest warrant. The call to 911 was very inaccurate. Witness statements contradicting themself. police filled in part of victim statement form, to appear as if she filled part the refused the rest. (refused entirely) Officer called left message then... View More

Sabra M. Janko
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answered on Sep 12, 2023

Your remedy is to contest the credibility of the investigation in court. The fact that you do not agree with how the investigation was conducted is not grounds for a motion to dismiss.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Colorado on
Q: Can a landlord evict me if I am a victim of domestic violence and have notify them of it? I

They are evicting me because my lease was expired but I have been paying rent on a month to month basis since march

Michael Joseph Larranaga
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answered on Sep 16, 2022

Sorry to say but more information would be needed. If your lease truly did expire you may have a month to month tenancy that can be terminated with the proper notice.

In terms of domestic violence, Colorado does have a couple of statutes that address this point. From what I recall, the...
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1 Answer | Asked in Family Law and Domestic Violence for Colorado on
Q: I am wondering howto formally present evidence that witnesses and the other party haveliedunder oath

I’m involved in a child custody case, which just went to final orders hearing 2 days ago tho we have a month until orders are issued ...where I have proof that the plaintiff (father) as well as my stepfather (bc my mom and stepfather are trying to gain custody of my child for my... View More

Sabra M. Janko
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answered on Aug 5, 2022

The hard reality is that you have one bite at the apple. The Court will not rehear the case to hear evidence that could have previously been presented. Otherwise there would be no finality, and cases could never end.

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: What does it mean when they transfer my criminal mischief case to county court

My criminal mischief charge was dropped from a felony to misdemeanor it is also my first offense.I cannot afford an attorney and I don’t qualify for a public defender I have court coming soon

Jonathan Greenlee
Jonathan Greenlee
answered on Jul 28, 2022

What level of offense a criminal mischief charge is depends on the $ amount of damage allegedly caused - so it can range from the lowest misdemeanor to a relatively serious felony. Often the initial report isn't accurate or is just an estimate, and the DA will then amend the offense level when... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Colorado on
Q: Is taking a doctor proscribed controlled substance in violation of a mandatory protection order
Lain Aaron Lawrence
Lain Aaron Lawrence
answered on Jun 15, 2022

The general answer is no, you are permitted to take medication as prescribed by a medical doctor. There may be an issue if you take more than the prescribed dosage.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Colorado on
Q: If I moved to CO from NV w/ my son after circumstances w/ my son's mom. Neither has legal custody. Is it a problem?

My son's mother was arrested in NV for DV against me. She had a Protective Order placed on her for a month afterward. She said she wanted to see our son after the 30 days after the Protection Order ended and never showed. She made 2 arrangements with me and never showed up. The mom's... View More

John Hyland Barrett III
John Hyland Barrett III
answered on May 16, 2022

You will need to deal with the court case in NV. Yes, you can be served in Colorado. You should get a lawyer in NV to help you with this. There may be an issue whether NV or CO should make the custody decision.

1 Answer | Asked in Domestic Violence for Colorado on
Q: How can I get permission to talk/contact defendant abouy pregnancy when we have a no contact restraining order?

As a victim of a dumb domestic violence case with a no contact with restraining order made by judge which is I against my wishes and 24 weeks pregnant. I already filed for a non harassment order right after first court date... But how can I get permission to talk/contact the defendant in jail about... View More

Sabra M. Janko
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answered on Mar 27, 2022

You should always keep your safety and the safety of the baby in mind. There is a protection order in place for a reason. However, you can ask the prosecutor to modify the protection order in order to allow discussion about children.

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Colorado on
Q: my sister still lives with our highly abusive mother. how can I legally get her out of there.

We have a lot of evidence of gaby (mom) abusing me and my dad. Plenty court cases and files. Her record is far beyond damaged. Theres no reason as to why my sister has to stay with her. We don't have too much evidence of abuse towards my sister which is the problem. However, im not living with... View More

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Jan 5, 2022

I am very sorry you are going through this. This is definitely a complicated family law question. However, if you suspect abuse of your sister, then you should call the Department of Human Services, Child Protection Division, and possibly the police. The answer to how you get her out of there... View More

1 Answer | Asked in Family Law and Domestic Violence for Colorado on
Q: My ex-partner won’t come forth to pay the personal lien she put on my property We can’t find her

I have a new mortgage type and it’s been approved we need to pay her get her lien off

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 30, 2021

You will have to work with your new mortgage company to see if the new loan can go through without a release of this lien. It may be possible to escrow the lien amount in case she comes forward. Alternatively, you may need to try harder to actually find her.

1 Answer | Asked in Domestic Violence and Real Estate Law for Colorado on
Q: Am I able to break a lease if I didn't file a police report or request a restraining order?

My husband attacked me on Nov. 29th, I didn't contact authorities bc I felt this would further trigger him and he is very unstable. I have been secretly packing and planning to move but our lease is in both of our names. I could afford the townhome we rent without him, but he would not meet... View More

Sabra M. Janko
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answered on Dec 25, 2021

I am sorry to hear about your situation. You would have to provide the landlord with some evidence of the domestic violence. Typically this comes in the form of a protection order. If you are still in fear of imminent harm, then you can still apply for a protection order.

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