Domestic Violence in Colorado
Colorado Orders of Protection
If you or someone you care about is the victim of domestic violence in Colorado, child abuse or any other abuse, taking legal action can help protect against further threats or injuries. Our legal team at Feldmann Nagel Cantafio & Song PLLC will act immediately to put in place a Civil Protection Order. While this legal action cannot ensure that an abusive individual does not violate the order, it does give law enforcement the authority to take the person into custody if he or she does. This legal pressure can control a dangerous situation and protect you from harm from an abusive spouse or domestic partner.
Suffered from domestic violence? Contact us today to get the compassionate representation you deserve.
Domestic Violence Goes Beyond Just Traditional Notions
Often, when one thinks of victims associated with domestic violence, an image of a “battered woman” or an “abusive husband” first comes to mind. However, it is important that people become more educated on what domestic violence really is—on its broad-sweeping effects and on the many forms that domestic violence can take.
One of the greater misconceptions associated with domestic violence is that it is limited to physical acts of violence only. This is not the case. The law holds that even those who are not actually being abused physically can be victims of domestic violence.
Domestic violence is a systematic pattern of coercive, controlling behavior. While true, this type of coercive behavior can include physical abuse, it can also include emotional, psychological, sexual and/or financial abuse (e.g. using money as a tool to exercise control). Those involved in advancing family law proceedings must be mindful of keeping their emotions in check—failure to think before acting can create grave, long-term consequences in the way of restraining orders for example, which can last up to four years with the potential for renewal.
Another common misconception surrounding domestic violence is its association with having female victims only. In reality, domestic violence affects individuals in every community—gender, age, economic status, sexual orientation, race, religion, and nationality aside. The disturbing physical, emotional, and mental consequences of domestic violence can cross generations and last a lifetime.
Detecting the early or even more developed stages of domestic violence is not always easy. Domestic violence often intensifies over time. Initially abusers may seem wonderful, but then progressively become more hostile and controlling as the relationship ensues. For example, what may start out as something that appears to be harmless (e.g., wanting the victim to spend all of their time only with them) can then escalate into acute abusive control (e.g., threatening to kill or harm the victim or their loved ones if the victim speaks to certain individuals).
While only the abuser can truly put an end to the violent behavior, a victim of domestic violence can try and take measures to best address their situation, whether they’re thinking of staying or leaving. For example, survivors may consider utilizing a support group or placing anonymous calls to their local domestic violence program to seek help. Victims of domestic violence may also consider obtaining a protection order or staying in a shelter.
In any case, it is important a victim remembers the abuse is not their fault and that support is available for themselves and their loved ones. If you are in danger of domestic violence, please call 911 or a local or national hotline.
Domestic Violence and Protection Orders in Colorado
Colorado has procedures in place to obtain Emergency Protection Orders, Temporary Protection Orders and Permanent Protection Orders (which last up to 4 years).
Any person who is in the state of Colorado can request an Emergency Protection Order. There are no venue requirements to obtain the same. In order to obtain a Temporary Protection Order, one must file the same in the county where the acts occurred, where one of the parties lives or where one of the parties works.
The moving party must demonstrate that an imminent danger exists to the person or persons seeking protection. The Court shall not deny a Protection Order because of the length of time between an act of abuse or threat of harm and the filing of the petition for a protection order.
If the Court grants a Temporary Protection Order, the court must set it for hearing within 14 days. The moving party is required to serve the Temporary Protection Order on the Respondent.
At the hearing to determine if the Temporary Protection Order shall be made permanent, the Petitioner must prove by a preponderance of the evidence (51%) that the Respondent has committed acts constituting grounds for the issuance of a civil protection order and that unless restrained, will continue to commit such act or acts designed to intimidate or retaliate against the protected person. A finding of imminent danger to the protected person is not necessary for the issuance of a Permanent Protection Order.
Further, the Court can address temporary issues such as care and custody of the minor children of the parties and/or enter a Temporary Injunction prohibiting the Respondent from ceasing to make payments for mortgage or rent, insurance, utilities or related services, transportation or child care. Further, the Court can restrain the Respondent from disposing of personal effects and real property.
If you are in danger of domestic violence in Colorado, the Courts of Colorado are here to protect you.Please contact the Domestic Team at Feldmann Nagel Cantafio & Song PLLC for help obtaining a Protection Order or for any of your Family Law needs.
Restraining Orders and Domestic Violence
Domestic violence includes any repeated, abusive action intended to gain or maintain control or power over another individual. Domestic violence and abuse may be hard to identify – such as repeated criticism or name calling. In some cases, abuse is inflicted physically. Physical abusers may inflict physical harm such as biting, kicking, slapping, or choking. Sometimes, domestic violence escalates to a level that places victims in imminent danger –under these circumstances, the victim should take legal action to protect himself or herself against further abuse.
Contact a Domestic Violence Lawyer in Colorado Today
Whether you need an order of protection, or have been served one, it is crucial you have legal counsel to manage and resolve the issue. Those experiencing the threat of injury or emotional abuse must be protected. When children are involved, the issue becomes even more important. Our firm has the experience and dedication you need when trying to deal with a domestic violence issue.
Suffered due to domestic violence? Contact Feldmann Nagel Cantafio & Song PLLC today to speak with a Colorado domestic violence attorney.