Family Law & Domestic Violence
In a family law practice, protective orders and criminal charges are a frequent issue. Under Colorado law, alleged victims of domestic abuse are able to seek a court order restraining a certain individual who has assaulted the victim or threatened the victim with bodily harm or other torment. To get a temporary protective order, also called a restraining order, an applicant or petitioner must:
- Appear before a judge without the offender present in an ex parte hearing;
- Show that the perpetrator assaulted or threatened the petitioner you; and
- Explain why the petitioner is fearful that the restrained party will cause harm or injury if not restrained.
if the judge finds that an imminent danger exists, he or she will issue a temporary protective order. That temporary order will then be served on the defendant, usually by the sheriff's office or a private process server. At that point, the restrained individual must stay away from the alleged victim and follow any other requirements that the judge included in the temporary order. A permanent protective order hearing will be set sometime within the next two weeks with an ability to have the temporary restraining order go permanent, continue the temporary restraining order in limited circumstances or reach a civil agreement for a no contact order. At attorney will be able to explain the benefits or uses of each potential resolution.
At the permanent protection order hearing, the court will hear from both the alleged victim and the alleged offender, as well as any witnesses that each may offer. If the court finds that the restrained party threatened, assaulted, or caused bodily harm to the victim and, if not restrained, will continue to do so, a permanent protective order will be issued. While the order is permanent, the court may vacate or modify it at a later time depending on the circumstances or whether the order has been violated. A party seeking to change the order must attempt to notify the other party, and the court must conduct another hearing.
In many cases, a victim of domestic violence may contact the police for immediate protection and the other party is arrested and charged criminally. In these cases, an attorney can be crucial in the outcome of the case and may just be the difference between a dismissal or deferred sentence and the alternative jail sentence, probation, extensive domestic violence classes and therapy which the defendant must pay the costs. Defendants may also lose the right to own or possess guns and weapons when charged and also if convicted. Whether you agree with the restrictions or not, Colorado law is stringent on the subject of domestic violence and gun ownership.
Criminal charges and restraining orders based on domestic violence can have a devastating impact not only on your liberty and constitutional rights but also on your career including members of the military.
Estate Planning in Colorado
Another aspect of our comprehensive family law practice is to help our clients make plans for the disposition of their assets and liabilities after they pass away. If you do not make plans in this regard via a will or trust, your estate will be subject to the laws of intestacy, which are the default laws that dictate where your assets will go. In other words, the State, rather than you, will decide who administers your estate and who receives your property.
A good estate plan is important for everyone, but it is especially critical if you have minor children, children from a previous marriage, significant assets or a large amount of property. In a will, you can decide who will be in charge of carrying out your wishes, direct how your property will be divided, and make special provisions for charity or the care of pets, if you desire
A will can later be revoked or modified if your situation or preferences change. The attorneys of the Drexler Law Group take pride in protecting the property of our clients especially the property, assets and children's rights protected throughout a divorce or custody dispute. Our attorneys can draft your will, powers of attorney, medical and healthcare directives and can utilize other estate planning tools for the benefit of our clients.