Assistance
with the Justice System
Safe Shelter provides advocacy within the justice
system
• Support and advocacy during domestic violence criminal and civil
proceedings
• Emergency information and assistance with obtaining Protection
Orders
• Basic information and referrals to the Victim Compensation Program
Assistance
in Court
Below are answers to the most common questions we receive regarding
legal matters.
What is a Civil Protection Order?
Who can get a protection order?
Will someone go with me to get a protection order?
Where can I file for a Civil Protection Order?
How much does a protection order cost?
How can I get a protection order?
Will the children be included in the temporary and permanent protection
order?
Does permanent mean forever?
Can I apply for a protection order if I’m already divorced?
Does there have to be an arrest for me to obtain a protection order?
What if I don’t have any actual evidence of the abuse?
How long does it take to get a protection order?
If I relocate, is my protection order good in other cities or states?
Will a protection order really protect me?
If the protection order is violated, what should I do?
How do I know if there is a protection or no-contact order or if the
children are included?
What are the main differences between
a no-contact order as a part of a bond condition and a civil protection
order?
What are my rights as the victim of a crime?
What is Victim’s Compensation, and how can I access it?
What if I want an attorney for a divorce or a permanent protection order
hearing but can’t afford one?
Civil Protection Order
Q.
What is a Civil Protection Order?
A.
A Civil Protection order is a temporary or permanent
order issued by any county or district court. It forbids someone 10
years of age or older to come in contact with another person. A Civil
Protection Order can be issued to prevent stalking, sexual assault,
physical assault and threatened bodily harm, domestic violence and abuse,
and emotional abuse of the elderly (60 years or older) or an at-risk
adult. Back to Top
Q.
Who can get a protection order?
A. Anyone who
believes that he or she is in danger of a form of abuse listed in the
previous answer may apply for a Civil Protection Order.
Back to Top
Q.
Will someone go with me to get a protection order?
A.
Absolutely. Going in front of a judge and filing paperwork with the
court can be an intimidating process. We understand this and offer support
throughout the process of obtaining a protection order. Just call our
crisis line at 303-772-4422, or e-mail us at legal@safeshelterofstvrain.org.
Back to Top
Q.
Where can I file for a Civil Protection Order?
A.
Any county where the acts that are the subject of the complaint
occur
• Any county where one of the parties resides and/or is employed
• If you reside in Boulder County, call the Clerk of Court to inquire
where you can apply for a protection order.
• If you have questions, call our crisis line at 303-772-4422.
• If you have a pending divorce case, you may have to file
in the county handling that case. Back
to Top
Q.
How much does a protection order cost?
A.
You can obtain paperwork from the Clerk of Courts ($3.00), Safe
Shelter of St. Vrain Valley (free), or on-line at http://www.courts.state.co.us/chs/court/forms/selfhelpcenter.htm.
All fees, except a possible $3.00 paperwork charge, are waived for domestic
violence protection orders. Back
to Top
Q.
How can I get a protection order?
A.
If you’d like support when going through this sometimes
intimidating process, Safe Shelter of St. Vrain Valley is always available
to support and help you. Call our crisis line for more information at
303-772-4422, or e-mail us at legal@safeshelterofstvrain.org.
1. Contact the court where you plan to file your case for specific days
and/or times when protection order hearings are scheduled and to determine
if there are any other filing requirements.
2. Obtain paperwork from the Clerk of Courts ($3.00), Safe Shelter of
St. Vrain Valley (free), or on-line at http://www.courts.state.co.us/chs/court/forms/selfhelpcenter.htm.
3. Fill out the appropriate paperwork. Safe Shelter of St. Vrain Valley
can help you do this. Or you can visit www.colordaolegalservices.org
and click on I-CAN! Colorado Project for free web-based legal forms
preparation.
4. File your papers with the court. The complaint and/or affidavit must
be signed in the presence of a notary, and the court can assist with
this for free. (Remember to bring your drivers license or other form
of ID.)
5. After filing with the court, be prepared to answer questions from
the judge about your request to obtain a protection order.
Based on what you say and what has been filed, the judge will decide
whether or not there are grounds to grant the Civil Protection Order.
Back to Top
Q.
Will the children be included in the temporary and permanent protection
order?
A. It is ultimately
up to the judge whether to allow contact between the abuser and the
children. If the protection order is filed in county court and the children
are included, the judge has jurisdiction over the children for 120 days.
If the protection order is filed as part of a divorce, more than likely
it will become part of the divorce proceeding, as will custody of the
children. Back to Top
Q.
Does permanent mean forever?
A.
If a protection order is made permanent and the protected party wishes
to drop or modify the protection order at a later date, she or he can
ask the court to do so by filing the appropriate paperwork with the
court.
• If the restrained party wishes to modify or dismiss the protection
order, she or he must wait a period of four years before filing the
paperwork to dismiss or modify.
• You can find the paperwork to dismiss or modify at http://www.courts.state.co.us/chs/court/forms/selfhelpcenter.htm
or you can go to the clerk’s office and request the paperwork.
Back to Top
Q.
Can I apply for a protection order if I’m already divorced?
A. If you’re
already divorced you can still apply for a protection order. If you
still live in the county where you were divorced, more than likely the
protection order will become part of your divorce. For Boulder County
you will more than likely file in district court at 6th and Canyon.
If you have moved to a different county since your divorce, call the
Clerk of Court of the county where you were divorced, and the new county
you live in to inquire where you should file, or ask your local domestic
violence agency. Back to Top
Q.
Does there have to be an arrest for me to obtain a protection order?
What if I don’t have any actual evidence of the abuse?
A.
You do not need to have filed a police report or have actual evidence
to get a temporary or permanent protection order. However, evidence
is helpful in any court proceeding: Witnesses, medical records, your
own documentation of abuse (include dates and times), pictures, torn
clothing, etc. can all be presented as evidence.
Back to Top
Q.
How long does it take to get a protection order?
A.
A judge can immediately issue a temporary protection order. However,
please keep in mind the operating hours of the court. In addition, you
need to arrange to have the defendant served with the appropriate paperwork
before there can be an actual violation of a protection order. Service
can be done by a sheriff, private process server, or anyone over the
age of eighteen NOT involved in the case. The person requesting the
protection order cannot serve the paperwork. Back
to Top
Q.
If I relocate, is my protection order good in other cities or
states?
A.
An order entered by a Colorado judge is valid anywhere in Colorado.
It is wise to have a certified copy of the court order with you, especially
if you reside outside the county where the court order was issued. An
order entered by a Colorado judge may be enforced outside of Colorado,
but if you move outside of Colorado you should talk to an attorney,
local domestic violence agency or the court where you live. It may be
necessary to file your Colorado court order with the court in your new
home state so that it will be recognized and enforced there.
Back to Top
Q.
Will a protection order really protect me?
A.
A protection order can be an important piece in an overall safety
plan. In a domestic violence relationship you know your situation better
than anyone. Only you can decide what will keep you safest. Call us
for further discussion or information at 303-772-4422. (See Safety and
Safety Planning on this web site.) Back
to Top
Q.
If the protection order is violated, what should I do?
A.
Call the police and report the violation. See Being
Safe and Create A Safety
Plan if you are the victim of a domestic violence incident that
resulted in someone’s arrest. Back
to Top
Q.
My abuser was recently arrested for domestic violence-related
charges. How do I know if there is a protection or no-contact order
or if the children are included?
A.
In Boulder County call the Bond Commissioner at 303-441-4626
(available 24/7) if the arrest happened within the previous working
day, or the District Attorney’s office at 303-441-3700 for information
regarding the no-contact order. Usually the defendant has to sign a
no-contact condition of bond before being released from jail.
Back to Top
Q.
What are the main differences between a no-contact order as a
part of a bond condition and a civil protection order?
A.
Civil protection orders give clear instructions to the defendant
about how far to stay from a victim, locations excluded, and if children
are included. Currently, ‘No-contact’ is subject to interpretation
on issues such as residence, distance and children. If there is probable
cause that a defendant has violated a civil protection order, there
is an immediate arrest. When the No-contact Order is part of a resolution
to a case, the police do not have the authority to arrest upon a violation
of the ‘no-contact’ unless the District Attorney files a motion
with the court and a warrant is issued. The main difference between
the two is that a criminal no-contact order only lasts until the case
is over, the civil protection order can be made permanent (see description
of permanent above). Back to Top
Victims’ Rights
Q.
What are my rights as the victim of a crime?
A.
Victims of domestic violence are guaranteed the following rights:
• To be treated with fairness, respect and dignity
• To be informed of and present at all ‘critical stages’
of the criminal justice process
• To be free from intimidation, harassment, or abuse. To be informed
about what steps can be taken if there is any intimidation or harassment
by a person accused or convicted of the crime or anyone acting on that
person’s behalf
• To be present and heard in court regarding bond reduction, continuances,
acceptance of plea negotiations, case disposition and sentencing
• To talk to the District Attorney before the case is resolved
or goes to trial, and to be informed of how it is resolved
• To be informed of the status of the case and any scheduling changes
or cancellations if known in advance;
• To prepare a Victim Impact Statement and to be present and heard
at sentencing
• To have restitution ordered and to be informed of the right to
pursue a civil judgment against the person convicted of the crime
• To have one’s property returned promptly when it is no longer
needed as evidence
• To be informed of available financial assistance
• To be given appropriate employer intercession services regarding
court appearances and meetings with criminal justice officials
• To have a safe, secure waiting area during court proceedings
• Upon request, to be informed when the person accused or convicted
of the crime is released from custody, is paroled, escapes, or absconds
from probation or parole
• Upon written request, to be informed of and heard at any reconsideration
of sentence, parole hearing or communication of sentence
• To be informed of the process for enforcing compliance with victims’
rights
• To view, at the discretion of the District Attorney, all or a
portion of the pre-sentence report from the probation department
• To be informed of the results of any HIV testing that is ordered
and performed on the assailant. Back
to Top
For more information about the Victim’s Rights Amendment,
please go to the website: http://www.nvcan.org/
Victim’s Compensation
Q.
What is Victim’s Compensation, and how can I access it?
A.
Victim’s Compensation is an amazing resource that is different
from district to district. For Boulder County, go to the following website:
http://www.co.boulder.co.us/da/vcomp/vcomp.htm
Most recently, Victim’s Compensation became willing
to consider compensating victims of domestic violence for loss of income
if their abusers refuse to pay bills while the no-contact is in place.
For more information call 303-441-3700. Back
to Top
Attorneys
Q.
What if I want an attorney for a divorce or a permanent protection
order hearing but can’t afford one?
A. If
you live in Boulder County, you may qualify for an attorney through
Boulder County Legal Services at 303.449.7575. If you live outside of
Boulder County, or want to discuss other options, call our office at
303.772.0432.
Safe Shelter of St. Vrain Valley may be able to help with
some legal questions at 303-772-0432. We are not attorneys and cannot
give legal advice. It may be wise for you to confer with an attorney,
even if you decide not to hire one for the entire case. You can learn
a lot about your legal rights and court procedures in a one-time consultation
with an attorney. Many attorneys will do what is called ‘unbundling’
of their legal services and will handle as much or as little of a case
as the client can afford. You may represent yourself and receive coaching
periodically from an attorney at a lower cost than if an attorney handles
the entire case for you. Some attorneys charge a reduced rate for their
initial consultations and others charge their regular hourly rate.
Back to Top
About
Safe Shelter
