Colorado Domestic Violence Legal Questions

It really depends on a number of thing but to directly answer - if the victm does not show up it is likely the DA will dismiss the case. But they have the ability to subpoena her for the trial and force her to show up or she could get arrested for not showing up. Also, they can, at times, proceed without her as a witness.  I would not count on winning by her not showing up. ... Read More

Once a case is dismissed after the end of a deferred sentence it is no longer a conviction for purposes of firearm ownership.  That is especially true if you "seal" the case, which you can find the forms for at your local court clerk's office or online on the state court website, pull down the 'self - help' menu. ... Read More

The focus of domestic violence cases is to get the ‘offender’ into domestic violence treatment in Colorado.  Sometimes offers to resolve the case are made that ultimately result in dismissal of the case after completion of that treatment, sometimes that is not offered.  It can vary by county.  It is seldom that jail time is imposed on a first offense.  It is worth the boyfriend consulting a lawyer familiar with how domestic violence cases are handled in the county the charge is in.... Read More

It is completely up to you whether you talk with the prosecutor or not. No one can make you do so and no one can keep you from doing so.  You are a witness in the case, not the prosecutor's "client".  However, you MUST show up in court if you were served with a subpoena.  Without knowing any facts of the case it is hard to say if your talking with the prosecutor woudl help or hurt your husbands' case. You can hire your own lawyer to help you make that decision and to help you with the prosecutor, if you wish. The prosecutor will make their determineation of how to proceed independent of your wishes.... Read More

It depends what the question is on the application.  If the question is "have you ever been charged with ..." or "Have you ever plead guilty to..." then you probably have to answer "yes".  If it is "have you ever been convicted..." the answer is "no".  Once the case is sealed, Colorado law allows you to answer "no" to all of those questions, as if it never occured.... Read More

If you recant your statement as made to the police at the time the other person was arrested, it will not delete your previous statement - it will just add to it - i.e. "he/she said this to the police at the scene and is saying this now". Sometimes prosecutors charge people with "False Reporting" when they tell two different stories. As for talking tot he defendant's lawyer, many lawyers (including public defenders) do want a third party present when talking to the "victim" in a case - since at trial if there is an issue about what was said to them comes up, they can call the third party (investigator, etc.) to say what they heard you say.... Read More

A "victim" can always try to make their position known. Normally that is done, at least initally, through the District Attorney's office. Be aware, however, that the position you are taking is not unusual in a "domestic violence" situation and it is not uncommon for the DA to think that it helps prove you are a true vicitm (trying to "protect" tehe perpetrator). You can hiire your own lawyer as well, if you want more help getting your position across. If you go directly to the judge to get the protection order lifted, he/she will ask for the DA's position, so it makes more sense to start with the DA.  They will have you fill out a form explaining what you are asking for and why, then they will put their position on it, and file it with the Judge.  You can also contact your boyfriends lawyer and see if you can be of help to him/her. ... Read More

It would be very rare for the police to decide to charge the "victim" in the same case you are already charged in.  I am not saying they shouldn't, just that ti is unusual and I doubt they will.  You will definitely need a lawyer on your side if you plan to try to convince the prosecutor that you were the actual "victim" in the case.  These cases are very difficult and have to be handled by an attorney experienced in domestic violence cases. ... Read More

It is pretty common that "domestic violence" victims change their story, so I doubt the police or prosecutor will believe the new story. It also may not change much anyway as the statutes for assault and kidnapping are very broad.  To have the most impact, you should hire your own lawyer, independent of your boyfriends, to see if they can have more productive communications with the prosecutors about the case. If you cannot do that, you can cooperate with your boyfriends lawyer and that might help some in the ultimate outcome of your boyfriends case. ... Read More

The process for terminating probation early varies from court to court.  Some courts have forms they prefer you to use, others don't require a specific form. You can call the court clerk and ask for that court's preference.  Generally it requires showing you completed all of the terms of the probation (provide the paperwork showing that), so there is nothing further to do (other than stay out of legal trouble) to complete the probation. If you have a probation officer, and they are willing to file the request, it will be handled much more favorably.   ... Read More

I have previously been on the DVOMB and am familiar with the DVOMB Treatment Standards.  While I have not handled a case where a client has filed a grievance agasinst a treatment provider, following the DORA rules and responding to the complaint is something that should be fairly easy to figure out. I suspect if you followed the Standards protocol for the evaluation the complaint will not go very far.  ... Read More

It is VERY unlikely that the case will be dismissed, as these cases are taken very seriously.  The state wants the perpetrators of domestic violence to take doemstic violence treatment, which is time consuming and has some expense to it.  It is not uncommon for cases to 'get pushed back' and delayed as the case is worked out with the prosecutor. If you are feeling that the prosecutor is not taking your position in the case into account enough, you can hire a lawyer to be your representative to the prosecutor to try to get the outcome you desire for your ex.  ... Read More

The answer to your question depends on the plea bargain in your case. if it was a "deferred sentence" then YES at the end, the guilty plea is withdrawn and the charge is dismissed and then it can be sealed by filing the approrpiate Motion to Seal.  If it is NOT a deferred sentence, and thus is a permenant conviction, then it cannot be sealed. ... Read More

If you fail to show up on a validly issued subpoena that was validly served on you, the judge will issue a warrant for your arrest, ultimately you will be arrested and jailed and face possible contempt of court issues for failing to honor the subpoena. You can hire your own lawyer to try to quash the subpoena if there is a basis to do that.... Read More

It is unclear exactly what your question is, but I can say that jail time can be a condition of a probationary sentence. If these were misdemeanors, jail of up to 60 days straight or two years work release, can be a part of probation. If felonies, it can be up to 90 days straight or two years work reelase. If you really wonder what the court ordered, you can go to the court clerks office in the court that sentenced you and get a copy of the sentencing order. ... Read More

I suggest consulting an expert attorney in landlord tenant law directly.  BUT, a victim of domestic violence can terminate a lease if done due to a domestic violence situation. CRS 38-12-402..     A landlord’s ability to evict a person can be impacted if the tenant is a victim of domestic violence. CRS 13-40-107.5(c)(I). Seems like you may have to allow the female to break the lease. Seems to me that if the male cannot pay the rent on his own, you can evict him based on that once he cannot pay. If the lease allows an eviction for "verbal abuse" (I'd be surprised if it does) and you are comfortable it actually occured, then maybe you can evict for that. It will depend on the language of the lease.  I don't know how you "prevent having a vacant property" as it likely will be vacant until you can re-rent it. ... Read More

While the passage of time may make the case harder to bring, it does not preclude the filing of criminal charges as the time period for filing criminal charges has not expired. I suggest going to the district attorney's office in the county where the incident occured and ask to speak to an investigator that handles domestic vioelnce cases.  Tell them everything.   Or you can go to the police or sheriff in the county or city where it occured.  The time period for criminal charges to be filed does end at some point and it depends on the level of charges filed - so don't delay if you want charges to be filed. Any conviction in the criminal court will carry with it a requirement that he pay restitution - i.e. any out of pocket costs you had or possibly reimburse any insurance carrier if they paid anything. Also, if he is charged, a condition of his bond will be to have no contact with you and stay away from you.  You MIGHT also consider suing him in civil court to try to recover your damages, if he has any means to pay a judgment against him. ... Read More

You need to hire a lawyer who can review all of the appropriate paperwork, and facts, and work through the case directly. I do not think you can do this on your own.  If you cannot afford a lawyer then use the public defender as they are very good lawyers.  Based on your description, if you have a pending case in Colorado, it seems it is based on faulty information from the national computer system - which maybe was not updated quickly enough after your Wisconsin case was resolved - or maybe you misunderstood exactly how the Wisconsin case was resolved, or maybe there is something else affecting all of this.  In any event, you need to get this handled corectly and everything resolved and clarified so things like this do  not continue to happen. ... Read More

You need direct input from a lawyer who can review the subpoena, how it was served and what it asks for. To be valid a subpoena needs to be handed to you - not just faxed, unless you "accept service" which you are not required to do.  A subpoena is basically a court order to provide documents or testimony.  A "Motion to Quash", citing a valid basis for not wanting to comply, needs to be filed in response.  You will need a lawyer.  ... Read More

I don't think there is really anything you can do if you son is an adult. He can make his own choices - and he has to live with the results. You did not list anything that makes me think he could get a restraining order to keep ehr away from him. However, if she is the reason he went to LCCC, he needs to think long and hard about whether he wants to put himself in the position where she has the power to send him back just by calling the police and making any kind of allegation she wants. if he was in LCCC for a domestic violence case, and is going to be on parole, he will be required to get domestic violence counseling and maybe he will learn enough there to want to stay away from her.  All you can do is be supportive of his positive dcisions and be there if he needs soemone to talk to. ... Read More

You can contact the ocal police departmetn and ask for a "civil standby" so you can go to the house legally, with an officer there, so you can ge some of your things int he 20 minutes or so they will wait for you outside.   If she is "stalking" you, tell the police and see if they will investigate it - likely they won't, in my experience. ... Read More

I suspect it means that there is a review of the status of the case prior to the trials at which the parties (defendant and prosecutor) have to be present. This is done to see if the case is resolving or if a trial really is necesary. The prosecutor should be communicating with you about these things and keeping you informed. ... Read More

It depends on a number of things, if I understand your question. If you are saying that the witnesses are currently not around buut might surface later, then of course it makes sense to insist on the earliest possible trial date. If the wirtnesses are likely to never be available, then it does not really matter how quickly the trial is set. ... Read More

It is probable that the only way you will have a chance of getting your personal propety back is to hire a lawyer to sue your boyfriend for return of the property. It is a very difficult situation, but of course the criminal charges you are facing shoudl be a first prioity as the result of that case can affect many things in your life int he future. ... Read More

Colorado law requires that a person arrested for a domestic violence offense remain in custody until they can physically be taken before a judge to set bond and also so the judge can explain that they are ordered to have NO CONTACT with the alleged victim.  That means your son will not be able to live in the same household as or have any communication with his wife - at least for a while. If the son is not a named "victim" (i.e. he is not also charged with child abuse, as an example) then the judge should be asked to make visitiation arrangements temporarily while the NO CONTACT order is in place. This is a complex and difficult legal situation and he should hire a lawyer as soon as he can. NOTE: The alleged victim does not control whether the case goes forward or how strongly it is prosecuted - but they do get to have "input" with the prosecutor so their wishes are known. ... Read More