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Colorado Domestic Violence Questions & Answers
2 Answers | Asked in Domestic Violence and Family Law for Colorado on
Q: Is requesting a phone call via email a violation of a protection order?

I have a protection order against a man, which permits him to contact me only via email. Recently, he emailed me requesting a phone call to facilitate communication involving our children, who are not covered by the protection order. He suggested that the quickest way to set up the call is to... View More

Yuliya Kelmansky
Yuliya Kelmansky
answered on Oct 9, 2025

If the protection order limits contact to email only, then the person subject to the order must strictly follow those terms. Simply requesting a phone call could be interpreted as an attempt to have contact outside the permitted form — which means it could be considered a violation, depending on... View More

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2 Answers | 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.

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2 Answers | 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

James L. Arrasmith
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answered on Jul 21, 2024

If you believe the perpetrator is being offered an unfair sentence, you should reach out to the prosecutor handling the case. Express your concerns about the leniency of the proposed probation, especially considering his history of violent felonies. Providing specific details about the impact of... View More

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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
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 Family Law, Domestic Violence and Civil Rights for Colorado on
Q: Can I remove my daughter from voluntary residential care without repercussions?

I am working with a social worker on a voluntary case, and my daughter is currently in a residential facility voluntarily. I am considering pulling her out because she reports that the facility is not helping her and that staff members have been using excessive force on the residents. When she... View More

James L. Arrasmith
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answered on Nov 1, 2025

Because this is a voluntary placement and you retain legal custody, you may revoke your consent and remove your daughter unless a court order, an involuntary mental‑health hold, or a binding safety plan requires the placement. However, if the county believes removal would endanger her, it can... View More

1 Answer | Asked in Civil Rights, Criminal Law and Domestic Violence for Colorado on
Q: Can "Domestic Violence" label be used without a record in CO court?

In Colorado, during court proceedings such as civil, juvenile, or criminal cases, is it legally permissible to use the term "Domestic Violence" against a person when they have no domestic violence citation or conviction on their criminal record? Specifically, does this mean that anyone... View More

James L. Arrasmith
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answered on Oct 31, 2025

In Colorado, the term “domestic violence” can be used in court settings even if a person does not have a formal conviction or citation for it, depending on the context of the case. Under **C.R.S. § 18-6-800.3**, domestic violence is defined broadly as any act or threat of violence,... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: Can I explain my abusive relationship to a judge to mitigate a shoplifting charge?

I am leaving an abusive relationship and recently committed shoplifting for the first time. This behavior is out of character for me, but emotional abuse and manipulation have severely impacted my mental health. I've sought therapy to cope. I have no prior criminal record and a court date set... View More

James L. Arrasmith
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answered on Oct 28, 2025

Yes, you can absolutely explain your situation to the judge, and doing so can help provide context for your actions. Courts understand that people in abusive relationships often make decisions under intense emotional distress or coercion. Since this is your first offense and you’re already taking... View More

1 Answer | Asked in Domestic Violence, Employment Law and Family Law for Colorado on
Q: How can I find pro bono legal help for domestic abuse in Colorado?

I live in Denver, Colorado, and I'm in urgent need of pro bono legal assistance related to domestic abuse by my ex-husband. He has a criminal record, and I was coerced into accepting a court agreement without representation. Now, he's exploiting this agreement despite having evidence and... View More

James L. Arrasmith
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answered on Oct 27, 2025

Begin by securing immediate protection. Go to your local court and request a Temporary Civil Protection Order; include your children, ask for firearm surrender and safe‑exchange terms, and bring police reports, photos, texts, and witness names.

For free legal help in Denver, contact...
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1 Answer | Asked in Domestic Violence and Immigration Law for Colorado on
Q: ¿Ayuda legal pro bono en CO para obtener permiso de trabajo tras violencia doméstica?

Soy una persona indocumentada que no ha solicitado un permiso de trabajo. He sufrido violencia doméstica con mi exnovio en California y con mi exesposo en Colorado. Tengo reportes de policía que incluyen un incidente en California relacionado con una navaja. Necesito saber si hay ayuda legal pro... View More

James L. Arrasmith
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answered on Oct 26, 2025

Yes—free and low‑cost help exists in Colorado, and you may qualify for immigration benefits that lead to a work permit. In cases like yours, the two main routes are a U visa (for victims who cooperated with law enforcement) and a VAWA self‑petition (for those abused by a U.S. citizen or... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Civil Rights for Colorado on
Q: How to handle false accusations and polygraph test concerns?

I am being accused of involvement in an incident that I absolutely did not participate in, nor would I ever. These accusations are the first I've heard of in seven years, and it's completely unreal to me. I haven't been arrested yet and have always cooperated fully. I was offered a... View More

James L. Arrasmith
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answered on Oct 24, 2025

Facing false accusations is one of the most overwhelming experiences anyone can go through, especially when you know you’ve done nothing wrong. The first and most important thing to remember is that you have the right to remain silent and to have legal representation before answering any further... View More

1 Answer | Asked in Domestic Violence, Civil Litigation and Gov & Administrative Law for Colorado on
Q: Do I need to send evidence after requesting a protection order?

I requested a protection order against my husband in Colorado. His lawyer emailed me pictures showing my husband with scratches and a broken door. I have not received any court instructions about exchanging evidence, and I don't have an attorney. Am I required to send them my evidence?

James L. Arrasmith
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answered on Oct 15, 2025

You do not have to send opposing counsel your evidence unless the court orders an exchange or a local rule requires it. In Colorado civil protection order cases, you usually present your exhibits at the hearing; an attorney’s email request alone creates no legal duty.

Watch for any...
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Q: Can we seek lost wages for retaliatory eviction and firing post-assault?

I'm seeking advice regarding a situation where my mother and I were evicted and had a restraining order filed against us following an assault. My mother was a caregiver for the man who assaulted me, and after I reported the assault to the police, his sister retaliated by demanding we leave... View More

James L. Arrasmith
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answered on Oct 9, 2025

You and your mother have been through an incredibly painful and unfair situation, and you have valid reasons to consider legal action. Based on what you described, there are potentially two separate issues to address—retaliatory eviction and wrongful termination. If your mother’s termination... View More

1 Answer | Asked in Employment Law, Domestic Violence and Sexual Harassment for Colorado on
Q: Can I file a police report myself for workplace harassment as a minor in CO?

I am a minor working as a cashier at Walmart in Colorado. A customer in his mid-30s made inappropriate sexual comments and motions towards me. When I told him I was a minor, he became upset. I reported the incident to my manager and filed an incident report; Walmart has video footage of the... View More

James L. Arrasmith
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answered on Oct 6, 2025

You did the right thing by reporting the incident immediately, and it’s understandable that you feel unsafe after what happened. In Colorado, employers are not always required to file a police report for workplace harassment unless they believe a child is being abused by a caregiver or someone in... View More

1 Answer | Asked in Divorce, Domestic Violence, Military Law and Family Law for Colorado on
Q: Can I delay a divorce due to a military investigation and domestic violence allegations?

I need assistance with delaying a military divorce due to an ongoing investigation into domestic violence. I have reported the situation to both his chain of command and the police, and have requested a protection order. He has filed for divorce, but I'm concerned that the divorce will... View More

James L. Arrasmith
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answered on Sep 28, 2025

It makes sense that you want to slow the divorce process while the investigation and protection order are still pending. Courts generally move forward with divorce cases even when military or criminal investigations are ongoing, but you can request continuances or delays if you show that important... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Civil Rights for Colorado on
Q: When are Miranda rights required during a domestic violence arrest?

When is law enforcement required to read me my Miranda rights upon arrest? I was questioned about domestic violence at my home before my rights were read and at the police station after my rights were read. I made statements during the initial questioning, was arrested, but no attorney was present,... View More

James L. Arrasmith
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answered on Sep 26, 2025

Miranda rights are only required when you are both in custody and being interrogated. This means if an officer is asking you questions in a situation where you are not free to leave, they must read you your rights before questioning. If you are not yet under arrest and are speaking voluntarily at... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: Advice on old warrant for PPO violation in Colorado.

I'm seeking advice for my daughter, who lives in Michigan but has an old warrant in Eagle County, Colorado for violating a PPO around 2016. She missed a court date because she didn't receive the notification while residing in Michigan. The violation was related to interactions with her... View More

James L. Arrasmith
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answered on Sep 16, 2025

The first step is to confirm the status of the warrant with the Eagle County court. Since this is an old warrant for a PPO violation, the court can provide details about any pending charges, fines, or required appearances. Understanding exactly what the court expects will help your daughter plan... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Juvenile Law for Colorado on
Q: What should I do if accused of child abuse in Colorado?

I have been accused of child abuse in Denver, CO, and law enforcement has contacted me, though I have not received any formal documentation yet, nor have any restrictions been placed on me. What steps should I take to address this accusation and protect my rights?

James L. Arrasmith
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answered on Sep 11, 2025

The first step is to remain calm and avoid discussing the matter with anyone other than your attorney. Do not attempt to contact the alleged victim or witnesses, as this could be misinterpreted as interference. Document any interactions with law enforcement and keep a record of dates, times, and... View More

1 Answer | Asked in Child Custody, Domestic Violence, Military Law and Family Law for Colorado on
Q: Seeking pro bono legal help for custody case in Colorado with false mental fitness claims.

I am involved in a custody case with my ex-husband, who has a legal team making false claims about my mental health. I am also a victim of domestic violence involving my ex, who is in the military, but the family court is not allowing evidence from the domestic violence case against him.... View More

James L. Arrasmith
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answered on Aug 23, 2025

It is overwhelming to face a custody case when your ex-husband’s legal team is making false claims and you feel your evidence is not being heard. When the court excludes evidence of domestic violence, it can feel like the system is silencing your truth, but there are ways to keep that truth in... View More

Q: Can my partner get custody of our son if he's aggressive and involved in illegal activities?

I want to leave my partner, but he's threatening to take our son away from me out of spite. He doesn't spend time with or take care of our son, except financially. My partner has displayed aggressive behavior and is involved in illegal activities. We have no custody agreements in place.... View More

James L. Arrasmith
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answered on Aug 20, 2025

When a court makes custody decisions, the main concern is always the best interests of the child. Since your son is very young and has special needs, stability, safety, and consistent care are especially important factors. Courts usually give great weight to which parent has been the primary... View More

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