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In the context of a dissolution action, one party may claim that the other party is a perpetrator of domestic abuse. The party may claim the abuse is physical or emotional. Both parties to a dissolution action must realize that they can protect themselves if abuse is in fact an issue.
First of all, the moment a party files for a dissolution and serves the adverse party, an automatic injunction is in place. This injunction forbids the parties in the dissolution from disturbing the peace of the other party. If necessary, however, one of the parties in the dissolution may seek temporary orders specifically protecting one party or from the other or protecting the parties’ children from one of the parties. In these temporary orders, the court may exclude the party against whom protection is sought from the family home. However, for the court to order an exclusion from the marital home, the party who seeks the protection must actually prove physical or emotional abuse.
Additionally, if a party to a dissolution seeks a temporary or permanent protection order (TPO or PPO, respectively) against the other party in the dissolution, under Colorado Revised Statute § 13-14-012, they must file the request in the same district court as the dissolution action. The court will grant the TPO or PPO only upon a finding that the party requesting is in imminent danger based on actions of the other party. The purpose of the order is to prevent assault or threatened bodily harm, domestic abuse, or stalking. Within the TPO or PPO, the court can also award interim parenting time and decision-making responsibilities if the case involves children.
It is important that anyone who considers filing a TPO or PPO follows the procedures under the statutes. Along with the motion for a TPO, the party who seeks protection must also file a supporting affidavit. The court is quite strict and requires the parties to use the court’s specific forms for the motions and affidavits. Further, the party seeking the TPO must have the alleged perpetrator personally served with the motion and affidavit. The court will hear the motion within 14 days.
If the TPO or PPO restricts one of the parties from the marital home, that party may retrieve personal items from the home with the assistance of a police officer. The TPO or the PPO orders may be revoked or modified by motion of either of the parties and upon certain findings by the court. Also, any orders regarding parenting-time or decision-making responsibility entered within the TPO or PPO become void upon the entry of permanent orders in the dissolution action.
This article serves as a general outline of what is available in a dissolution matter if allegations of domestic abuse exist. It is very important for both parties to realize how such allegation might impact their dissolution and their rights and work with the courts for a mutually beneficial resolution for all parties involved.
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