COVID-19 Colorado Q&A by Practice Area

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COVID-19 Colorado Questions & Answers
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 Criminal Law for Colorado on
Q: Is it true that a DF1 will not be sentenced to the mand. 8-yr min because only violent offenders go to jail due 2 covid?

My previous question re: this case was not clear. 11-count drug task force indictment. My arrest stemmed from controlled buy of 221g meth back in June. At the time of arrest (a few days ago) I had nothing on me but cash, no weapons, all search warrants came up essentially empty, except for friends... Read more »

Sean Maye
Sean Maye answered on Dec 16, 2020

Unfortunately, this new information does not change the answer. A lot depends on criminal history and overall facts of the case. The only way to know for sure if a DF2 drop down with no jail is possible, an attorney would need to speak with you directly, review the indictment and discovery and... Read more »

2 Answers | Asked in Bankruptcy for Colorado on
Q: I filed for chapter 7 in June 2019. Would have been sooner but elderly lawyer took 9 months to file a very simple case.

I filed for chapter 7 in June 2019. Would have been sooner but elderly lawyer took 9 months to file a very simple chapter 7. Two months later, my chapter 7 was discharged & my mother unexpectedly died in a heap of trash & dead animals in her house & left me money. I am still traumatized... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 1, 2020

The "180 day rule" is pretty straightforward. If your inheritance "ripens", i.e., becomes an enforceable right within that 180 days, you are obligated to inform the court/trustee, and turn over the inherited funds, for the benefit of the estate and its creditors. There are no... Read more »

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1 Answer | Asked in Civil Rights and Criminal Law for Colorado on
Q: A police officer was called out on a complaint, turned out to be civil. He performed a NCIC on the spot.

Found an outstanding warrant for me in FL. He threatened to arrest me if we returned to the property. This left us homeless, immediately, literally, and we lost most of our possessions that were left after moving due to COVID. We are now destitute. Was this legal for this officer to do this to me?

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Aug 27, 2020

I am very sorry for your situation but the short answer is yes - if the question is can the officer ran a criminal history on someone he legally contacts. If the warrant was out of state and a felony - he most likely would have arrested you and held you for extradition. Most often - when the... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: How do i get emergency contempt of court for daycare/school quickly?

Inshare parenting time 50/50 with my co parent. Literally final orders happened last week. We have a school age child with medical issues, specifically respiratory issues. The final orders state they remain in the same daycare my daughter has been in for 6 years. With Covid the daycare states they... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2020

You can file a motion for contempt or to enforce, however he can also file for a modification of child support if he can not pay. He would have to show a substantial and continuing change in his income. Being laid off may not establish that. You could ask to have income imputed to him and ask him... Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: How do I take someone to court to get my dog? I was told small claims by the cops.

I have all of my puppy’s paper work and I am microchipped to her- I even still pay her Veterinary insurance. My ex roommate told animal control and the cops that I “adopted shasta for her” when I went to pick her up, I simply left shasta in her care as I moved. There were never any written or... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jun 11, 2020

No, the cops don't know the law. They just say whatever they can to get you to leave them alone about stuff like this. If they saw your paperwork, they should have assisted you, but since they won't, you will have to take her to court. You can take her to small claims, but county court is... Read more »

1 Answer | Asked in Civil Litigation for Colorado on
Q: Can Park County close all short term Rentals (530)? Could this be unconstitutional or considered “regulatory Taking”.
Nelson Patrick Boyle
Nelson Patrick Boyle answered on May 14, 2020

It depends. If this is related to a worldwide pandemic, in which the county is exercising its Constitutional power to protect the public health, the answer is likely yes to your first question. The Colorado Supreme Court has not weighed in directly on the constitutionality of the various public... Read more »

3 Answers | Asked in Civil Litigation, Employment Law, Family Law and Business Law for Colorado on
Q: I own a business and employ my husband. His ex is demanding my business records as disclosures. What are my rights.

All business accounts are in my name only. I have a contract showing I purchased the business, not my husband. It is a medical practice. Some of what they are asking for are HIPAA protected. I would not give this information to my husband. The ex-wife filed a motion stating she wants it because she... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 13, 2020

Until his ex actually produces a subpoena or some other formal discovery request you don't have to provide anything. Once a formal request is made you would respond under the rules associated with that request. Just explain all the different reasons why the documents are not applicable,... Read more »

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3 Answers | Asked in Immigration Law for Colorado on
Q: My spouse, in Nepal, had immigration visa granted. Will she be able to come to US with this current US Immigration Ban?

I am a U.S. Permanent Resident and applied for immigration visa for my spouse. Her case has been approved and immigration visa was granted to her after successful interview with US Embassy in Nepal. All she needed was to fly to US and she would get her Green Card in 1 month or so after arrival.... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Apr 25, 2020

Yes. Your spouse will be admitted into the USA. The temporary ban does not apply to spouses of USC's. Secondly she already has a visa.

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1 Answer | Asked in Animal / Dog Law for Colorado on
Q: The foster of the dog with my dog rescue does not communicate and I need to get the dog back. What action should I take?

The foster cannot be trusted and I need to get the dog back from her to the rescue. The foster was nice at first, said she wants to eventually adopt the dog. By regulations the dog can be adopted only after it is spayed. The clinic will be open in a few days and and appointment for spay can now be... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Apr 23, 2020

You can call the police and show them the paperwork that the dog is only a foster and that it belongs to the rescue. The police might help. Sometimes they don't, though. If they decline to help, then you will have to sue the foster in civil court to get the dog back. Sometimes a strongly... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: My ex wife is attempting to keep my children from me I had a positive covid test- no symptoms & 14 days since can she?

It has been 14 days since symptoms already and the Ones I had were mild. She has still been working this while time. We have a 4/3 week split every week. I haven’t seen my kids since the 5th. They are supposed to come home in the 22nd she messaged me today saying she thinks it would be best to... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Apr 17, 2020

The courts have said that people should honor their parenting time arrangements. If you feel your children are safe with you, you should still have your parenting time. You can file a motion to enforce the parenting time. You should get a lawyer to help you with this.

3 Answers | Asked in Bankruptcy for Colorado on
Q: I will be filing Chapter 7 at the end of April. I just received my stimulus money. Will the bankruptcy trustee take it?
Stuart Nachbar
Stuart Nachbar answered on Apr 15, 2020

Under the Stimulus Package, in Section 1113(b), Congress has decided that these stimulus payments to the American people should not count against them when it comes to bankruptcy. As such, in the Stimulus Package, Congress is amending the Bankruptcy Code as follows: “[e]xclusion from Current... Read more »

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1 Answer | Asked in Child Custody for Colorado on
Q: Do I have to let my ex take our child for weekend visitation?

We are in a pandemic and our governor has ordered us to stay at home. My ex, who lives out of state, is wanting me to send her for the weekend for his visitations. Do I have to send her? I dont feel comfortable letting her go with the covid pandemic. He is telling me I have to let her go.

Sabra M. Janko
Sabra M. Janko answered on Apr 9, 2020

Within Colorado, parenting time is allowed under the stay at home order. As far as out of state travel, compliance with court orders is still required unless the child would be endangered by travel. There is no automatic presumption that out of state travel would cause endangerment, though it would... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Colorado on
Q: Buyer can't see land because of COVID-19? A Right of First Refusal or Option to purchase best for seller?

I have land for sale in Colorado and a very interested buyer from Oklahoma. They have seen a video of the property but they can't travel to see it themselves until May or June because of COVID-19. What is the best agreement to make to sell the property and accommodate them? A Right of First... Read more »

Donald C Eby
Donald C Eby answered on Apr 4, 2020

Why don't you just put the property under contract with a closing date in June and an option to terminate after inspection?

An option does not obligate them to buy, but it does obligate you to sell to them, i.e. you can't sell to anyone else in the mean time. I don't see...
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1 Answer | Asked in Tax Law for Colorado on
Q: What are the penalties for failure to report income? How serious does the IRS pursue these cases?

Over a period of multiple years.

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 21, 2020

If the person is audited then they can receive up to a 50% penalty depending on whether or not the IRS considers it fraud or not. That is on top of all the other penalties and interest that will also be assessed. I cannot tell you whether or not the IRS will audit a taxpayer without a lot more... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: We are 2 days from closing on a house in CO. With COVID 19 pandemics affect on the country can we postpone the buy?

We are still interested in the house but are willing to cancel with a loss if need be.

Donald C Eby
Donald C Eby answered on Mar 17, 2020

Can you postpone the closing without penalty? If you can get the Seller to agree to an extension, yes. However, if Seller will not agree then you can refuse to close and will likely suffer the loss of your earnest money and any other penalties which the contract contemplated.

You may want...
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