Legal Question in Family Law in Colorado
Domestic Violence involving child visitation help
I got a divorce decree in 02/04 my exhusband had domestic violence charges. There was a no contact order issued between him and my children. The requirement of his domestic violence case was that he complete parenting/domestic violence, his probation was revoked 4 times and he had more charges added, they only gave him a couple of months in jail after two years of trying to get him to comply, and they are not forcing him to complete any classes when he's through with jail. In my divorce decree we asked he not be allowed to request visitation until the classes were complete. Will family law still hold him to taking the classes and keeping the no contact order in place or because his sentence is over for that is he free to possibly come around and harm us? The decree reads 3. Parenting time, B. Until such time as the Father certifies he has completed Domestic Violence classes and Parenting classes, Father shall not be allowed to visit the children. C...once he has done this he shall certify his completion of the classes to the Court and petition the Court to allow him to begin supervised visitation.
1 Answer from Attorneys
Re: Domestic Violence involving child visitation help
As to the requirement of completing parenting classes before supervised parenting time can begin, yes, the court will order him to complete those first.
Regarding the no contact order, generally any no contact order issued as part of a divorce case goes away after the divorce is final, and the restraining order in the criminal case goes away as well. If you have a civil restraining order (separate from either the divorce or the criminal matter), then the no contact provision will remain enforceable. If you don't have a civil restraining order, you should consider applying for one in order to have an enforceable order in place.
Hope this helps!
Christine C. Nierenz, Esq.