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Colorado Domestic Violence Questions & Answers
1 Answer | 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).

2 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 I... Read 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
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... Read 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! Thank... Read more »

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

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

Sabra M. Janko
Sabra M. Janko 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.

1 Answer | Asked in Criminal Law, Divorce, Child Custody and Domestic Violence for Colorado on
Q: Can you record an 11 year old and use it in court?
Sabra M. Janko
Sabra M. Janko answered on Oct 23, 2019

You usually would not be able to use a recording unless the person recorded was there to testify because it would be considered hearsay. There are some exceptions to hearsay, however testimony of children is often not used in court to protect the child. It depends on what kind of case is happening... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Colorado on
Q: Me and my now ex husband lost our child to the state I had a protection order put on him. I almost got custody back and

People in court say if I drop protection order I won't get my daughter at perminant planning trail. Is this legal for them to do? The protection order I put on him was after they took our daughter. But before they took her we both was doing meth and he punched me and kicked me. But I believe now... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 29, 2019

The answer depends on the specific facts of your case. If you take an action that the court perceives as not being in the best interests of your child for safety reasons, that will impact an allocation of parental responsibilities decision. You should speak to an attorney to determine the best... Read more »

1 Answer | Asked in Civil Litigation and Domestic Violence for Colorado on
Q: Boyfriend wants to kick me out. I am not on lease, hid me & my 2 sons in order to get approved on HOA townhome. Rights?

Applied for place as single man because I have eviction under my name and he didn't want us to get denied. He signed declaration of residency in order for my sons to attend 2 seperate schools. He now wants us out. Do I have any rights, seeing I'll just be homeless with 2 children...

James Newell
James Newell answered on Aug 21, 2019

You may have rights as a subtenant. It can get complex so It's best to speak to an attorney about this.

1 Answer | Asked in Domestic Violence for Colorado on
Q: What information do i need to put on a motion to dismiss a protection order?

There is a protection order set for my husband and i. I am not at risk of any harm i need to be able to be around my husband. I want to file a motion to dismiss the protection order

Sabra M. Janko
Sabra M. Janko answered on Aug 14, 2019

You should make certain that you will be safe. That is top priority. if you want to ask to dismiss then you simply put the reasons why you are asking. No one can tell you what reasons to provide.

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: Can the girlfriend go back to the DA and ask him to stick it to him. She always threaten that when she gets mad at him
Sabra M. Janko
Sabra M. Janko answered on Aug 14, 2019

The DA will decide what to do based on the evidence. Any accuser can always state their preference, however an accuser does not decide what approach the DA will take.

2 Answers | Asked in Domestic Violence for Colorado on
Q: is there any way to get out of going to court after you filed restraining orders?

i filed two restraining orders and got both granted however, now i have to go into court because the restrained people have a right to be heard. is there anyway that i could not be there for that? i suffer from major ptsd and i’m terrified of going to court and seeing both of the people there.

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Aug 9, 2019

If you want the temporary restraining orders to be made permanent you must appear and present your case. If you do not the restraining orders will dissolve. They will be dismissed. There is no alternative. You must present your case and be subject to cross examination. I am sorry.

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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Colorado on
Q: My mother gave me (20) a painful bruise while trying to take a roll of tape from me and I was not sure what I can do

I am 20 first off. I also still live with my parents. The incident happened while I was trying to work on our deck outside and she told me I was doing it wrong. I said no when she asked for the roll of tape. I then felt threatened when she started approaching me and turned away from her. She then... Read more »

Courtney Edwards
Courtney Edwards answered on Jul 29, 2019

You could report the assault to the police- they would investigate and determine if an arrest or summons was warranted. If they arrested her for assault, the judge could impose a protection order to protect you from her. However, in Colorado, domestic violence refers to folks who a in an intimate... Read more »

1 Answer | Asked in Domestic Violence for Colorado on
Q: I filed a report against my fiancé for domestic violence, when the detective calls Can i have the case dropped?

I filed a report against my fiancé for domestic violence, when the detective calls Can i have the case dropped and not file ?

The ER (wanted to make sure the baby inside me is okay) called the police to inform of domestic violence. The police officer who took my statement filed the report... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 6, 2019

The first thing that you think about should be safety for your baby and yourself. If the ER called the police, the harm was serious. it won't stop. The state can decide whether to prosecute or not based on the ER report. You can tell the detective that you do not want to prosecute, however the... Read more »

1 Answer | Asked in Domestic Violence for Colorado on
Q: What are my chances of having domestic violence and child abuse wothout injury dropped if there is no evidence of both?

My wife stated that when she called the cops she was not hurt and neither was my son. They found no proof of injury on both, or evidence of domestic violence, but i got charged with domestic violence and child abuse wothout injury

Jonathan Greenlee
Jonathan Greenlee answered on Jul 1, 2019

At this point, you have been charged, so at a minimum the police determined there was probable cause for a criminal offense. There are a number of ways child abuse can be charged without requiring proof of any injury, and a domestic violence tag on a charge (domestic violence is not a charge but a... Read more »

1 Answer | Asked in Domestic Violence for Colorado on
Q: If i testify in a domestic violence case can things i say then be used against me to charge me with a crime?

My ex and i both were charged with domestic violence. My second court date all charges were dropped against me . I was subpoenaed to testify. If something i say incriminates me during his trial while testifying can charges be brought against me again after his trial?

Sabra M. Janko
Sabra M. Janko answered on Jun 19, 2019

Information that you provide in a court proceeding under oath can be used against you in a criminal proceeding. While you can claim the fifth amendment right to remain silent in a criminal proceeding, you can not do so in a civil proceeding. You should consult with an attorney before you testify.

1 Answer | Asked in Domestic Violence for Colorado on
Q: Is there an exception to the rule of a 13_14_106 Colorado statue of permanent restraining order.i

I have had no contact in 12 yrs and I'm trying to have it removed. I have had no. associated people attempt service and a paid process server and they are unable to locate the individual. I have filed motion and continuances to no help on my part. Can you please assist me

Sabra M. Janko
Sabra M. Janko answered on Jun 9, 2019

If you are unable to serve the other party, then you can submit a motion for service by publication to the Court. You will, however, have to establish to the court the steps that you took to locate the other person.

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: Can i get in trouble for continuing my relationship with my boyfriend who has a dv with me and is taking it to trial?

My boyfriend and I had started out in what i thought to be a dream vome true relationship. However, september of last year we got into a scuffle over something he was hiding on his phone. The cops got invovled and now he is taking it to trialeven though he admitsto me to what he did. He began... Read more »

Douglas T. Cohen
Douglas T. Cohen answered on Jun 7, 2019

If this is in Colorado, there is a mandatory protection order that prohibits your boyfriend (the defendant) from contacting you.

You cannot get in trouble for contacting him (unless you are breaking some other law), but he can get in trouble for having contact with you in violation of the...
Read more »

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