Legal Question in Family Law in Colorado

I filed a TPO and the judge said he's not authorized to approve this without proof. I have a video of my spouse yelling, name calling, slapping the phone out of my hands but he wouldn't watch it. Instead said I need to show it to the police and have him arrested and an RO would be automatic. I have a 13 yr old son who's been bullied by him and he's wants to be away from him. The judge asked if we thought about a safehouse or staying with friends. All our family and friends are out of state and have offered to fly us there to stay with them. The spouse just went through rehab and is now drinking again. I was told to get his gun out of the house before rehab released him and he made me take him to get it as soon as he got home. Why would a judge tell us to leave and let the alcoholic stay in the house? I want to keep my son in a stable environment. Right now it's not stable. I plan on filing a Legal Separation.


Asked on 8/03/14, 10:15 am

1 Answer from Attorneys

Safety first. If you and/or your son are in physical danger, get out. Whether that means going out of state to family or finding a safe house here, your safety is the first priority. While I cannot speak to the circumstances that led to having the TPO denied, do file a police report. Within your legal separation action, you may also be able to get a temporary order that allows you and your son to remain in the house. Unfortunately, that may take a little time. Was your spouse in rehab as part of probation? If so, you may be able to have him arrested for violation of his probation. This would be a temporary solution for you, merely buying you a little more time to accomplish the bigger task of getting the situation in front of a family court judge. In the mean time, keep a journal of such things, with dates and details of what he did (i.e. got drunk, passed out, slammed his fist through the wall, etc.). It will prove useful in your family law case. Remember that this answer is necessarily somewhat general and is not a substitute for consulting with an attorney about the specific facts of your case. There may be other options or restraints, depending upon the specific facts. Above all, keep yourself and your son safe.

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Answered on 8/07/14, 8:11 pm


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