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.