Legal Question in Family Law in Colorado

I am currently going through a divorce and I also have a protective order against my husband for acts of domestic violence. I have been told that I am not allowed to travel out of both the city AND the state in which I reside in. According the my research on the constitution and the amendments, I cannot be restricted from traveling. Having been a domestic violence victim, I took a class on different forms of abuse. Not allowing one to leave the area is imprisonment. So does the state have the right to abuse their citizens? According to further research, "liberty" includes traveling. I understand not allowing a criminal to travel due to the possibility of the person being a flight risk, but this is just a domestic case. I have no family or support where I am at. I have two small children who I am trying to protect from an abusive father. Why is it that the courts take away my rights to liberty when it is their father that is the criminal?


Asked on 2/05/11, 6:33 pm

1 Answer from Attorneys
Nitche Ward Ward Law & Associates, LLC

In cases like this, generally the court is trying to protect the best interest of the children. They are not telling you that you can not travel. The restriction is that the kids are not to go out of state. However, a good attorney may be able to get the court to allow you some out of state time on a limited basis, and depending on your parenting plan, eventually you may be able to relocate. In cases like this you have to act within the law pretty quickly. I definitely reccomend getting an attorney to help you with this situation.

Feel free to contact our office with any questions.

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Answered on 2/08/11, 10:39 pm


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