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Miss use of DV charges in Colorado

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  • Miss use of DV charges in Colorado

    I am confused and frankely feel very abandoned by the legal system right now. My brother's live-in girlfriend called the cops on him twice claiming Domestic violence (DV). The 1st call, the cops found no grounds, and left rather annoyed at being called out for nothing, the second time I guess she was going to make sure stuck so she barracaded the door, chocked herself and screamed out the bathroom window (where she could watch the street and see when the patrol car pulled up!) stuff like "please stop hitting me, no I don't want to dye!" The cops busted in, tazered my brother, and took him into custody. Since this time he has had no access to his house or any of his assests. He has been contacted by some of his neighbors who informed him that she has moved her new boyfriend into the house and that this new guy is driving my brother's car around. My brother called the cops who said she had every right to as she pleased as she has claimed they are common law married??? His lawyer also said the same. Everything I have looked up on Colorado's common law marriage laws says it must be a "mutual acknowledgement", with the couple in question openly presenting themselves to the public, family and friends as husband and wife ( Not the case here), There is no joint property and no joint accounts or tax files and there is no other "proof" according to CO law that would support her claim. Also her registered address is still at her mothers! Yep she is continuing to live at my brother's house while her legal address is somewhere else and no one seems interested in this little fact. She intentionally never changed it so as to continue to get free medical treatment at that address. Did I mention she is diagnosed as bi-polar! Another small fact the police and DA are not taking into consideration!

    So my brother is stuck in house arrest with the ankel bracelet with constant monitoring, while this women and her new "boyfriend" do as they please with his house, car and all his assets (she already cleaned out the online bank account as she had her son hack into his computer!) At the 1st pretrail hearing (which never really happend as the DA talked behind closed doors with my brother's lawyer), it has already come out the DA won't be using the bruise photos taken at the hospital as they PROVE she choked herself! And then the DA got the judge to give them a new pre-trail date more then a month later!!! What about my brother's civil rights? At this point it is her word against his and it has already been proven that she has lied about, at least in my opinion, a very vital part of her story. My brother's lawyer doesn't want to do a thing until the next pretrail hearing, at which time he "hopes" the case will get dropped. But what does my brother do in the mean time, he will most likely come home to an empty and destroyed house! Financially ruined and, this women . .. gone. He has already invested 10K and hasn't even had a day in court yet. I just don't see how she can legally run a muck with his assets while he sits schakeled, guilty until proven innocent?

    Any words of wisdom, advice or suggestions? I posted this one before but perhaps in the wrong forum, I'm not sure, so forgive me if this is considered a double post, it has been out there for a while, looked at by quiet a few folks but no one has replied so I figured I must have posted to the wrong forum.

    I have seen a lot of senior members ridicule junior members for posting on "older" threads. Guilty of that myself I just would like to point out that old post could be archieved to prevent this, I mean why does the space maintain threads that are 2-3 years old? The post date isn't exactly the 1st thing I look at when trying to "research" for some help, and people come here initally because the have a problem are scared and are reaching out for some help, not intentionally looking to clog up your cyberspace!

  • #2
    From what I've read, your brother is going to need to hire a different lawyer...

    A good lawyer is priority number 1 when you are in DV trouble. Gather all of the evidence he has and show the courts what is going on. Hire a private investigator if necessary.

    Before you say that he doesn't have enough money for this, have him get a home equity loan on the house or whatever else it takes to clear this up properly.

    Above all, make sure the lawyer you hire is receptive to the fact that they will be filing suit against the ex-girl for all costs related to this incident including lawyers fees, lost wages, court fees, the private investigator, etc.

    Shop well for a lawyer that will stick to the job rather than just plead out because it is easy for them to do.

    Comment


    • #3
      I agree on the lawyer

      I agree he needs a new lawyer! I hate this stance of do nothing tunnel vision. The lawyer says he is building his strategy "Should" this go to trial and he doesn't want to "tip his hand" too soon. A part of me wants to believe this logic, because what matters is what is presented to the judge or jury, but this is now in its 3rd month! Again my brother is being treated like a mass murderer and on what grounds I really don't know! The only reason he was let out on bond was because he would literally be at the other end of the state, shackeled to the house and under sobriety testing every 3hours! Before this happened he was not financially well off (it sounds screwy and it is, but considering the mess he got himself into it seems to fit!) He has 2 houses one almost paid for (which now he is selling and the lawyer is yes rubbing his hands at that as the sale proceeds will be signed over as retainer!) The lawyer hasn't yet hired the Private investigator because the sale of the house hadn't come through yet! The 10K was for the 1st retainer to even "handel" the case but I am not sure what he has done! Now to add insult to injury this women has allowed the police to search the house and low and behold they have found illegal "weapons/explosive" material??? I don't know anymore detail on what that may be, but does she even have the right to allow them to search my brother's house? That would be like if the police showed up at my house and a guest answered the door and gave them permission to search the premisses?! Can this not be construed as an illegal search? Also my brother has been on a protective order and out of that house for 3 months now, anyone including her new boyfriend of son could have brought that into the house. The lawyer said we would have to "prove it", so when it is convient it is "his" house when the **** hits the fan, otherwise this astranged mentally disturbed person gets to live there rent free and is totally innocent of any wrong doing?! Is this how "justice" works in America these days?

      Comment


      • #4
        Even a guest allowing the police in for a search is legal because they do not know who legally lives there. You don't have to be an owner to consent to a search.

        The fact that they found things there should not be allowed as eveidence. She has already proven that she wants to destroy him and that needs to be fully documented that he hasn't been there while her new boyfriend has.

        He needs to hire the P.I. now while the evidence is still being accumulated.

        Comment

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