Colorado Ruling Allows Restraining Orders After Abuse From Another State

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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.

Substance Abuse Or Domestic Violence

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Often times, clients will ask me, “What kind of evidence do I need that the other parent is a perpetrator of domestic abuse or has an alcohol or drug problem?” Usually that means that there must be some sort of objective evidence. In other words, you just can’t come to court and say, “I believe the other parent has a meth problem,” or, “I believe the other parent has an alcohol problem.” You need to have some independent evidence of that. Like what? Well, it usually involves maybe a conviction for DUI, a drug possession situation, photographs or evidence independently that there were drugs in the house, that a parent left when children were there.

The other kinds of evidence that is important would be if a parent is saying that the other parent is dangerous because they have an anger or domestic violence problem, is the number of calls that the police have responded to to the house or home where the family has lived. You would get the police reports or the police call reports to show the number of calls and how often the police have come. Has there been a conviction for harassment or domestic violence? These are critical factors for the court in any kind of custody case. You’ll find that a lawyer that has a lot of experience in taking these cases to court and appearing in front of the judge, is going to know and be able to tell you what kind of evidence is really going to be significant that a court will rely on.

Domestic Abuse-Violence Charges

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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.

Domestic Abuse Violence Charges

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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? So when these situations occur, you can expect that a court is going to want to know that both parents are fit and capable of providing the children with a safe, loving, nurturing environment.

Contacting the Authorities Safely About Domestic Abuse

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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?

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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.

 

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. 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 9-1-1 and report any kind of domestic violence in which you’re a victim.

Now domestic violence is one of those factors in the law that is taken into account when a court has to decide appropriate parenting. If you are the victim of domestic violence, or if you’ve been charged with a domestic violence crime, that fact can be used in determining what appropriate parenting should be. It’s one of the factors in which the law says the court has to consider whether or not a parent has been a perpetrator of domestic violence. The level of domestic violence and the kind of evidence that you wish to present as to domestic violence is something that you want to talk to a qualified lawyer about, so that you could determine whether or not your evidence rises to the level that a judge would consider to be significant for a court to take appropriate action.

Can Shayne Law Help Me With Same Sex Domestic Abuse?

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Can Shayne Law help me with a same sex domestic abuse? There are circumstances where there may be same sex domestic abuse kinds of cases where I can assist a client.



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.

 

Can Shayne Law help me with a same sex domestic abuse? There are circumstances where there maybe same sex domestic abuse kinds of cases, where I can assist a client. Specifically, those kinds of cases where the same sex couple has been involved in a civil union and they have a civil union where they’ve been married. Under Colorado law that is recognized pursuant to statute and domestic abuse arises within the context of a child custody situation or where the couple has children or a child.

The Colorado statute’s that deal with children, consider evidence as to whether or not one of the parties or parents has been a perpetrator of domestic abuse in determining what is appropriate parenting time. Or, custody or issues that pertain to decision making of a child.

Regardless of whether or not it is a couple that is the same sex couple or opposite sex couples, that evidence would be important for a court to have in those kinds of cases. It’s always wise to discuss this with an attorney who has experience in this area of the law, so that you understand your rights and responsibilities regarding these kinds of cases.