Colorado Ruling Allows Restraining Orders After Abuse From Another State

A recent Colorado Supreme Court ruling allows for a Colorado court to issue a restraining order when the actions of domestic or sexual abuse occurred in another state. This is a very important ruling that protects victims who may be going through a divorce or child custody case in Colorado. Often times, the victim of domestic violence or sexual assault has fled another state to avoid the perpetrator and risk future harm. A restraining order or civil protective order seeks to prevent the perpetrator away from the victim at home or place of business. A violation of a civil protective order may be a crime under certain circumstances. Since Colorado law does not allow a private attorney the right to file a restraining order on behalf of a client, it is extremely important to know how each county allows for a victim to seek such relief.

When a parent has been the victim of domestic abuse, whether that is physical, emotional or even financial, it may have tremendous impact on what a judge can do in a child custody hearing. As an example, if a judge finds that a parent has committed domestic abuse or domestic violence, the court has discretion to order that the abused parent be granted “sole decision making.” Sole decision-making would allow the victimized parent to make critical decisions as to children’s medical, education and spiritual upbringing, without having to make these kinds of decisions jointly with the parent who is deemed, “abusive.” More importantly, whenever there is evidence of domestic or sexual abuse, a court can limit or restrict access to children of the relationship. A highly skilled and thorough Family Law Attorney who specializes in these kinds of cases can conduct an evaluation of the evidence and better inform clients of the options that are available. Because most of these cases result in contested hearings before a judge in court, it is critical to form a strong persuasive legal strategy so that a domestic violence victim receives not only the best advice, but also a plan of attack to protect the victims in an impactful and effective manner. With over 37 years of experience in these kinds of matters, Gordon Shayne, can provide aggressive and successful legal representation.

Domestic Abuse-Violence Charges

In Colorado, there are certain types of crimes that could affect a child custody case. One of the most common is where there’s been a restraining order entered against the parent, or a parent has been charged with domestic abuse. Domestic abuse would include domestic violence. Another example would be where a parent has a drug problem or a drug addiction and the court has to intervene to make sure that the children are protected from a parent who has abused drugs, has abused alcohol, or any controlled substances.

In situations that I’ve had in the past, where parents have had an alcohol problem, and that parent may have been involved in a DUI or a DWAI, the court has to take into consideration not only the alcohol abuse by that parent, but whether or not the parent who has had a history of alcoholism can safely parent children. Can they drive the children to school? Can they pick the children up from the other parent? If there’s a medical emergency, will that parent be able to get in the car and take the children to the hospital if needed? When these situations occur, you can expect that the court is going to want to know that both parents are fit and capable of providing the children with a safe, loving, nurturing environment.

Contact Shayne Law if you have any questions.

Contacting the Authorities Safely About Domestic Abuse

Question that often times comes up is, how can I safely contact the authorities or a lawyer if I’ve been the victim of domestic violence? Domestic violence is avery serious problem in the state of Colorado as it is in most states there are specific laws in Colorado that address domestic violence, in fact the legislature in Colorado changed the law recently to include domestic abuse as domestic violence, meaning that if there is emotional abuse, physical abuse, or even economic or financial abuse then the court can recognize the level of abuse and take appropriate action. The best way to address domestic abuse in a safe manner is to contact Tessa here in Colorado Springs, which is the domestic violence counselors, and find out what the appropriate safeguards that need to be put in place before contacting authorities, or while you’re in the middle of a domestic violence situation. Of course it’s always wise that if you are a victim of domestic abuse, domestic violence that you contact the police, dial 911, and report any kind of domestic violence in which you’re a victim.

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How Can I Safely Contact the Authorities in Cases of Domestic Abuse?

Question that often times comes up is, how can I safely contact the authorities or a lawyer if I’ve been the victim of domestic violence? Domestic violence is a very serious problem in the state of Colorado as it is in most states there are specific laws in Colorado that address domestic violence.




Are you preparing to file for divorce? Looking for answers on how the divorce process works? Visit www.ShayneLaw.com to find your answers. Get in touch with us today for any of your Colorado Springs family law needs.

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Colorado Domestic Abuse Statute Expanded to Include “Financial Control”

One of the most important goals of life after divorce is financial independence. But, in many situations of domestic violence, victims are often afraid to file for divorce for fear that they will not be able to survive financially without their abuser.

This is why the definition of domestic abuse has changed in Colorado Continue reading “Colorado Domestic Abuse Statute Expanded to Include “Financial Control”” »