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In many divorce cases, one party or the other, the need to file for a civil protection order. This is commonly referred to as" Restraining orders. "" Even if all the details described are specific to the state of Colorado, interim measures are somewhat standard in the entire country. Contact your lawyer or contact us for assistance.
In Colorado, the law states that interim measures are supported by CRS Section 13-14-102. If a judge has the power to grant a restraining it is for the following purposes:
1. In order to prevent assaults and threatened bodily harm;
2. To prevent violence in the family;
3. To prevent emotional abuse of the elderly or a hazard for adults;
4. To prevent stalking.
Across the country, usually in the right region or city for filing a restraining order, if the acts occur in the complaint.
The first step to be taken if a party wants a restraining order, is for that party to the court building and a "temporary civil protection order. "" This requires the party to be under oath and swear that the facts as the basis for the restraining is what is true and correct. The judge must determine that imminent danger exists, the life or health of one or more persons, and how it is defined in the Act, the court may assess if the recent incident of abuse or risk of damage occurred, as well as other relevant data on the safety and protection of the person (s) that the protection order. ""
A pattern of ongoing and continuous damage, or the likelihood of harm to the person seeking the protection required.When is a party has been arrested is violence in the family for a crime, the prosecutor will probably try to prove that the offending Party had a history of commitment to domestic violence against one or more persons. If a party against the terms and conditions for an interim order, the Commission said the offensive is a crime (Colorado law).
Too often "false allegations" by one parent against the other, when children are involved, the divorce. As evidence of abuse or domestic violence is relevant, then there is evidence of a genuine threat to the safety of the other spouse, not just naked assertions. In many cases, divorce, one spouse, the domestic violence allegations against the other, and seeks a restraining order for the purpose of manipulating the system in an attempt to blackmail the other party or a parent, particularly if the custody is at stake. As an example, I would like a client, the spouse is a non-secured, that the order in which the spouse claimed that the party has been violent and abusive and dangers in this party is trying to win custody of the three children . I went to court and as a result of a hearing before a judge, we found that there was insufficient evidence for the allegations and the permanent restraining order was denied. It is very important for every lawyer a party in the event of a divorce to know the whole story of all allegations, proved or not, the question of whether a restraining order to a proper or not.
Where there are children in a divorce proceeding affair, and a parent has a temporary injunction against the other parent, the court will consider whether an order be entered, that the prices of temporary care and control of children for a period of no longer than 120 days. For this reason, it is extremely important to the judges in the divorce action certain judgments as to the best interests of children and whether the children escape, in which a parent is justified. A competent lawyer, divorce is a client that an injunction will be to oppose this client, it can effectively take steps to which the court ruled that the children are not in immediate danger or require that the court order an investigation by a independent experts. On the other hand, acts of domestic violence, giving rise to the input of a Permanent Restraining Order is an extremely serious matter, in determining the best interests of children and can be used to a parent company of contact with the children or a such contact "," supervision "."
Valid and documented allegations of domestic violence will have a major impact on the contracts in the event of a divorce. A judge will not order the children to possible damage, when it was found that there is a history of violence in the family, or that a permanent Restraining Order has been entered. In most states, it is left to the courts to protect the interests of minor children.
If a party or a parent in an ongoing divorce case is of the opinion that he or she was threatened, or that such threats to harm the children, it is crucial to 911 and at the earliest possible date, a restraining order. An experienced family lawyer should be hired to fully protect each party the right, whether for the purposes of the aggressive prosecution of domestic violence allegations are valid for one party or defend against unfounded claims made.
In a career as a lawyer, the cross-over 21 years, Gordon N. Shayne has a broad background is concentrated in litigation or legal work. He is a licensed attorney in the State of Colorado, State of Florida, United States District Courts in Colorado and Florida, a member of the Trial Bar in the United States District Court for the Southern District of Florida, and the 5th and 11 Circuit Court of appeals. He is a member in good standing of the Colorado and Florida Bar Association, the National Association of Criminal Defense Lawyers, and El Paso County, Colorado Bar Association. He practiced law in Colorado Springs, CO and the surrounding areas and is available at http://www.colorado-springs-attorney.com
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