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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 
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?
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
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
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
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
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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... View More
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
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
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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.
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
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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.
They are evicting me because my lease was expired but I have been paying rent on a month to month basis since march
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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... View More
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
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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.
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
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
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.
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
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.
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
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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.
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
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
I have a new mortgage type and it’s been approved we need to pay her get her lien off
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.
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
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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.
He was told he couldn't go home because she has a couple bills in her name. The house is in his name though. Wouldn't he have the right to go home? They live in TN.
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answered on Dec 14, 2021
It depends on what the protection order says.
I have a text that says I could watch the kids and he would pick them up at 350pm that afternoon.
answered on Sep 21, 2021
You can present this evidence at the contempt hearing. Depending on what it is, it may or may not help you. You should get a lawyer to help you with this.
My ex-wife and i have a parenting plan set up from our divorce 2 years ago. The plan specifically states that communication must be respectful, and she has constantly harassed me over the last year and a half. I have attempted to file harassment charges through our local police department, and as... View More
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answered on Sep 7, 2021
It really depends on the exact language of the agreement and "disrespectful" is a pretty vague term. You might try Colorado Legal Services for pro bono legal assistance.
She is now wanting to exercise her parenting time for the summer. Am I still required to send him to her house for the summer.
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answered on May 20, 2021
I am sorry to hear about your situation. Everyone is obligated to follow the court order in existence. If a modification or an emergency restriction is needed, then it is necessary to file with the court to make the change if there is already an order in existence,
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