However, in order to effectively apply these laws, you need an attorney who understands your position and has your best interests at heart in addition to having experience under the relevant law. Contact us to speak with a local Colorado Springs domestic violence attorney now.
Scope of Domestic Violence, Colorado Springs
The new procedures governing domestic violence are somewhat unintuitively found under Title 13, Article 14, Section 102 of the Colorado revised statutes. The Colorado law recognizes that domestic violence is not just restricted to physical violence. At the heart of the matter, is a question of control that prevents the victim from breaking with the abuser.
Such control can come in the form of financial control, or even the possession of documents without which the victim is helpless. The Colorado Springs ourts recognize that such victims have great difficulty in securing lasting and permanent solutions. To this end, any municipal court is empowered to issue what is called a civil protection order that will prevent physical assaults or threats of violence as well as emotional abuse and stalking.
Civil protection orders relating to domestic violence, Colorado Springs
A temporary civil protection order can be heard ex parte - meaning that one of the parties (the one against whom the order is being taken out) need not be present at the time. Such a hearing takes precedence over all other cases that are pending.
One of the factors that will decide whether or not the protection order or restraining order will be issued, is the time gap that has elapsed since the last episode of such violence. However, courts are specifically forbidden from using this as the only criteria. Colorado Springs domestic violence laws are extremely understanding towards victims of such crimes.
Such a protection order can be made permanent if the defendant does not present himself or herself before the court. Such non appearance can also result in the defendant being arrested. A person against whom the restraining order has been filed has the right to go back to the residence that is shared with the family member in question only to take belongings that belong to them in order to live elsewhere temporarily. At all times they must be in the presence of a peace officer.
Contacting an attorney
Remember that the laws governing domestic abuse and protection orders are vast and complex. To fully make use of the laws as they apply to your specific case, you need the experience of a Colorado Springs domestic violence attorney who is well versed in these matters. The sooner you contact our attorneys , the better. We will guide you through this difficult time and help you settle in your best interest.