If you are physically threatened by your partner you should contact emergency services as soon as possible. An attorney can assist after the emergency has passed, as temporary orders of protection are issued by most Colorado courts within 24 hours, including the Larimer and Weld County Courts.
The cycle of domestic violence can be broken. Our Fort Collins domestic violence attorneys are here to help protect parents and spouses from physical and emotional abuse when they arise in divorce and child custody cases.
There are multiple ways your Fort Collins divorce attorney can help with domestic violence. The solution for your unique circumstances will depend on your goals. There will be both legal and practicable solutions for your domestic violence circumstance, including a temporary restraining order (TRO), permanent protection order (PPO), as well as no contact orders. In extreme cases, Colorado’s Emergency Protection Law, also known as Colorado’s Red Flag Law could also be an option.
Domestic violence is commonly known as physical violence or the threat of physical harm, such as hitting, pushing, spalling or choking, but domestic violence is not limited to physical violence. Domestic violence can also include control and manipulation, both financial and emotional, such as controlling all of the finances or gas lighting. Verbal abuse, such as yelling and screaming, or making denigrating comments can also be considered domestic violence.
Experienced family law attorneys will provide their client who have been impacted by domestic violence with resources for victims and perpetrators of domestic violence, the same as what the Court provides in every case management order that issues in every domestic relations case.
The family law attorneys at The Cossitt Law Firm are experienced with orders of protection, commonly known as restraining orders. We regularly address domestic violence in the context of divorce and child custody with the allocation of parental responsibilities. Our domestic violence attorneys can file with the Court quickly, possibly the same day without having to meet in person.
Children should never be exposed to domestic violence. Children should never be exposed to domestic violence or subjected to abuse. The physical, emotional and mental well-being of a child and their future development can be severely impacted by this.
Colorado law allows judges and magistrates to consider domestic violence when determining parenting time and decision making. Therefore, domestic violence can influence the shared parenting schedule or how major decisions are to be made by the parents when domestic violence is present.
Colorado is a “no fault” state when it comes to divorce, meaning no one party can be blamed as the cause of the divorce. However, domestic violence can impact who gets to stay in the marital home and how bills like utilities will be paid. Domestic violence should not impact how marital property should be divided in a divorce. Additionally, domestic violence should not impact the amount of maintenance, more commonly known as alimony, which can be awarded.
A temporary order of protection is the initial restraining order. The temporary order of protection may prohibit the restrained party from contacting the protected party, possessing guns or ammunition, and more. Colorado courts usually issue temporary orders of protection within 24 hours of filing.
A permanent order of protection is an ongoing court order that prohibits the restrained party from having contact with the protected party. It can restrain the restricted party from going to certain places, and other activities like possessing firearms.
A temporary order of protection may be made permanent when the Court finds the acts of domestic violence are likely to continue without Court intervention.
When domestic violence is present in family law matters there are unique options available to cease the violence and safeguard the abused party. Our Fort Collins family law attorneys will tailor a solution for your unique circumstances. Call us today and see how we can help if you are divorcing or sharing custody and encounter domestic violence.
If you have decided to get a divorce, the next steps can seem daunting. Here we provide a few answers to common questions about filing for divorce.
Depending on your family, financial, and personal circumstances there are many factors you will want to consider when filing for divorce. Find out what type of divorce is right for you.
How long will it take for the Court to issue a Decree of Dissolution of Marriage? The earliest a Colorado court could issues the divorce decree is 91 days after the petition was filed. However it can take longer than 91 days, as expert valuations and reports may be needed.
How can a divorce attorney help with an uncontested divorce? Uncontested divorce generally means the parties have agreed upon all issues, or they believe they will be able to easily agree on all issues. A divorce attorney can help with an uncontested divorce by ensuring everything drafted properly.
What are mandatory financial disclosures? Financial disclosures are required of both parties in every divorce case, within the first 45 days after the petition has been filed. The exchange of mandatory financial disclosures is intended to put each party on a level playing field as it relates to the finances of the divorce.
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