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Colorado Domestic Violence Questions & Answers
1 Answer | Asked in Juvenile Law, Family Law, Child Custody and Domestic Violence for Colorado on
Q: Can you ask for parental rights stripped when a parent is charged with cruelty to juvenile?

My ex husband kept my son from any contact with me for a year and a half. During which time he removed him from school telling him it was for his own good he is to stupid to be in public. He socially isolated him. Neglected to give medical treatment to him on numerous occasions. He and his wife... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2021

You can ask for it if he has been convicted of a crime related to child abuse, however the court may grant supervised visitation instead if it determines that the supervised contact would be in the best interests of the child.

1 Answer | Asked in Domestic Violence for Colorado on
Q: Is it normal for public defender to ask the accused to take the victim back there home state after released

Assault in the second degree class 6 felony.accussed of trying to strangle my girlfriend while driving down road.i was in work truck.50 foot truck and trailer loaded 106,000 thousand pounds.before court asked if im willing to take her back to idaho where we live.then once we get there start the no... Read more »

Sean Maye
Sean Maye answered on Feb 12, 2021

To be perfectly honest, this question is a bit hard to follow. I read the question as - "Is a public defender allowed to advise their client that they may transport a domestic violence victim outside the state?"

Assuming this is your question, I would respond in a few ways:...
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1 Answer | Asked in Domestic Violence and Municipal Law for Colorado on
Q: Can the cops have someones vehicles towed from my property if I have a restraining order agent them?

The restraining order was from domestic violence had a portection order and it was a lot of vehicles and a camper (all his belongings were in it) I was also being told by code enforcement that they (20 some vehicles) needed to be removed or they were going to condem my property for it being... Read more »

Sabra M. Janko
Sabra M. Janko answered on Feb 9, 2021

If the vehicle is his, then he has a right to it. Typically there should be some coordination from someone with regards to entry onto your property, if you own the property, to remove the vehicle.

1 Answer | Asked in Domestic Violence for Colorado on
Q: Domestic Assault - Vacating Lease Question

I was involved in a pretty horrific domestic assault on 1/4/2021. My, now ex (who is facing criminal charges due to this) and I were on a lease together. However, due to Colorado law and domestic violence victims, I notified our landlord immediately with the protection order and vacated the home on... Read more »

Sabra M. Janko
Sabra M. Janko answered on Feb 8, 2021

I am sorry to hear about your situation. The statute allows for your release from the lease though you would still owe one month's rent. As for landlord collection, the landlord vies both people on the lease as being financially responsible and can seek to collect the rent from either person... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Colorado on
Q: Is it illegal to video record a physical fight happening in the living room of a home, when they live in the living room

I’ve had a problem with my roommates who are married. They keep fighting at extremely high volume, and get physical with each other. I’ve physically seen the man on top of her holding her down, appearing to be choking her. They have been hitting each other. Breaking things. All within direct... Read more »

Sean Maye
Sean Maye answered on Feb 3, 2021

If they live in your home, there is a workable argument to make that your roommates essentially assume the risk that you would see, record and report any of their misconduct. This could be likened to laws that note that, generally speaking, someone can wear a wire while police are recording and... Read more »

2 Answers | Asked in Domestic Violence for Colorado on
Q: I have an open domestic violence case. My wife took the kids and left the state.... Does she have to show up in person?

I was thinking because of covid could they web ex her?

Sabra M. Janko
Sabra M. Janko answered on Jan 4, 2021

It depends on the court. Many courts have changed to Webex for COVID reasons. The Court will inform you and her of the hearing procedures. You could also check the court webpage and you can find information there are hearing procedures.

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: In Utah had a protective order against me and part of that order the judge said would automatic end I n 150 days.. well

At almost 2 years I was arrested for a violation . My kids was taken from me from our home in Colorado.. the judge said 150 days why isn't what the judge orders being done

Sabra M. Janko
Sabra M. Janko answered on Dec 17, 2020

You may wish to have an attorney review the order. If the order was issued in Utah, any modification would have to occur there if any of the parties remain there.

1 Answer | Asked in Domestic Violence for Colorado on
Q: I was arrested for domestic violence. If the court finds out I was actually the victim can my husband go to jail?

My daughter called 911 because my husband and I were fighting and when she came into the room I was unconscious on the floor. He said I hit him but there are no marks on him and I do not remember hitting him. I have a lot of bruising that I have taken pictures of. The officers said they had to... Read more »

Sean Maye
Sean Maye answered on Dec 2, 2020

First off, I am so sorry you are experiencing this.

As for your question, you can certainly report that your husband was the initial aggressor and you are the victim. But the fact that you already admitted to being the aggressor will likely be considered against you and the police/DA may...
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2 Answers | Asked in Criminal Law and Domestic Violence for Colorado on
Q: Are police officers required to report monetary gain for a reporting victim?

My ex has falsely reported me for DV several times. After I was charged and some cases convicted she filed for Spousal Transitional Compensation through the military. This is a payout of over $100,000 over a three year period and free healthcare.

Sean P. Harrell
Sean P. Harrell answered on Dec 2, 2020

A benefit to the named victim in a case for filing an allegation against you would be considered a possible motive to lie. This information, particularly if known by the government, should be discovered to the defense.

Each case and scenario must be reviewed individually in relation to...
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1 Answer | Asked in Criminal Law, Communications Law and Domestic Violence for Colorado on
Q: Are police required to take a missing persons report if an adult w/ history of mental illness disappears "voluntarily"?

My uncle disappeared. He did leave a message on Facebook saying he was going "off the grid", but that message has also disappeared. Police in Centennial, CO (where he lived) and Denver refuse to report him as a missing person because they say he is an adult who left voluntarily. But the... Read more »

Sean Maye
Sean Maye answered on Nov 25, 2020

First off, I am sorry that you and your family are suffering through this.

As for the law concerning missing persons, you may consult CO Statute 16-2.7-102, which states that "any person with relevant, credible information suggesting that a person is missing MAY make a missing person...
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1 Answer | Asked in Personal Injury and Domestic Violence for Colorado on
Q: Can my best friend get in trouble for self defense?

My best friend who is a male, got beat by his now ex girlfriend. She hit him several times breaking skin around his eye, so he slapped her, threw her on the bed, and put her in a headlock to try to get her to stop. There are no marks on her that I know of but he has a cut under his eye and a black... Read more »

Thomas Cantley
Thomas Cantley answered on Oct 27, 2020

Maybe.

The physical force used by your friend on his ex girlfriend would qualify as misdemeanor third degree assault, and possibly felony second degree assault for the pressure applied to the neck in the headlock. However, conduct that may qualify as assault (or even homicide) can be...
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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
Mr. H. Michael Steinberg 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
Sabra M. Janko 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... Read more »

Sabra M. Janko
Sabra M. Janko 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... Read more »

Sabra M. Janko
Sabra M. Janko 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... Read 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... Read more »

Sabra M. Janko
Sabra M. Janko 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... Read 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
Sabra M. Janko 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... Read 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... Read 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.... Read more »

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