One uncommon yet very real situation that arises in family law is where a parent becomes a victim of violence by their own child. You may be surprised to learn that individuals, including parents, may file for protection orders against anyone who is over the age of ten (10) years old.
Pursuant to C.R.S. 13-14-101(2), “domestic abuse” means any act, attempted act, or threatened act of violence, stalking, harassment, or coercion that is committed by any person against another person to whom the actor is currently or was formerly related, or with whom the actor is living or has lived in the same domicile, or with whom the actor is involved or has been involved in an intimate relationship.
If you feel threatened by any of the above acts, you may either for an emergency protection order or a typical, temporary protection order which may then be extended to a permanent order.
C.R.S. 13-14-103 permits the Court to enter certain orders in emergency situations, including but not limited to:
- Restraining a party from contacting, harassing, injuring, intimidating, threatening, molesting, touching, stalking, sexually assaulting or abusing any other party, a minor child of either of the parties, or a minor child who is in danger in the reasonably foreseeable future of being a victim of an unlawful sexual offense or domestic abuse; and
- Excluding a party from the family home or from the home of another party upon a showing that physical or emotional harm would otherwise result.
Alternatively, in a non-emergency situation, the Court may enter the above orders, but may also “grant such other relief as the court deems appropriate.” This may include, for example, entering a temporary injunction restraining the respondent from “transferring, encumbering, concealing, or in any way disposing of personal effects or real property, except in the usual course of business or for the necessities of life and requiring the restrained party to account to the court for all extraordinary expenditures made after the injunction is in effect.” As such, a normal protection order may be a preferable route if you are concerned about your child stealing from you.
Please contact the Domestic Team at Feldmann Nagel Cantafio Margulis, PLLC for all of your family law needs.