Assistance for Victims of Domestic Violence

In addition to providing access to legal services to the public and educating the community, the Pro Bono Project of Mesa County assists the victims of domestic violence.  In Colorado and in the Grand Valley particularly, there are resources and assistance available for these victims.  This post explains victim's rights and the resources available in our area.

In 2002, the Colorado legislature passed the Victim's Right's Amendment. Colo. Const. Art. II, Sec. 16a.  The Victim's Rights Amendment provides victims of crimes (Including domestic violence) the right to be heard and to be present at all critical stages of the criminal justice process.  This includes a victim's right to be heard at a defendant's bond hearing, plea hearing, and sentencing hearing. See C.R.S. 24-4.1-302.5.  To ensure that these rights are extended to victims, the legislature requires the District Attorney's office to consult with victims regarding the reduction of charges, negotiated pleas, and the dismissal of charges. See C.R.S. 24-4.1-303.  

When a victim of domestic violence contacts law enforcement, the officer shall arrest the suspect if the officer has probable cause to believe that a crime involving domestic violence was committed. C.R.S. 18-6-803.6  Upon the arrest of the suspect, the Court will issue a mandatory restraining order, restraining the suspect from harassing, intimidating, or tamping with any witness or victim of the acts charged.  The Court also has the authority to order the suspect to not have any contact with the victim and to stay away from the victim's residence and place of employment.  Upon probable cause, police officers must arrest any restrained person who has violated the restraining order.

The District Attorney's Office for the 21st Judicial District (Mesa County) provides a victim's assistance program, and is available to answer questions and address concerns.  Additionally, the Grand Junction Police Department provides a Victim Advocacy Program to assist victims of crimes, including domestic violence. 

For counseling and shelter services, victims of domestic violence may contact Hilltop's Latimer House.  The Latimer House's crisis hotline can be reached at 970-241-6704. 

Victims of domestic violence may also apply for a civil protection order to keep the offender at bay.  The protection order is filed in the District Court, and the Court can order the offender to refrain from any contact with the victim or the victim's residence or employment.  The Court does not charge a filing fee for victims of domestic violence seeking a protection order. 

Terminating a Lease and Tenant's rights, Landlord-tenant

Too often, tenants fear that landlords will immediately evict them from the premises, change the locks, and remove their property without an opportunity to be heard.  Fortunately, Colorado has created a number of procedures to ensure that a tenant receives the proper notice and time necessary before an eviction can be finalized.   

A landlord may terminate a lease at any time, but must give proper notice prior to the termination of the lease.  The length of the lease (also known as the tenancy) determines the length of notice the landlord must provide to the tenant.  According to C.R.S. 13-40-107, the landlord may terminate the lease in writing, but must serve the written notice as follows:

• A tenancy of one year or longer, three months notice;
• A tenancy of six months or longer but less than a year, one month notice;
• A tenancy of one month or longer but less than six months, ten days notice; 
• A tenancy of one week or longer but less than one month, or a tenancy at will, three days notice;
• A tenancy for less than one week, one day notice.  

The Landlord may also evict a tenant for failing to pay rent or if the tenant committed a substantial violation of the lease, but even in these instances, the Landlord must provide 3 days written notice.  After the written notice, the Landlord must follow the statutory eviction procedures before a tenant may be removed from the property.  

Enforcing court orders in divorce cases: civil contempt

With every divorce, the court orders the parties to do (or refrain from doing) certain things.  For example, courts issue orders regarding the division of property and debts, the payment of child support and maintenance, and parenting plans and parental responsibilities.  Unfortunately, some parties refuse to follow the court's orders, which can cause serious hardship and pain to the opposing side.  To ensure that parties to a divorce follow all court orders, the court uses the procedure of civil contempt. 

In Colorado, Rule 107 of the Colorado Rules of Civil Procedure governs the rules and procedures for civil contempt.  There are two types of contempt: direct and indirect contempt.  Direct contempt consists of behavior that occurs in the presence of the court.  Examples of such behavior include disorderly and disruptive behavior, and boisterous conduct or violent disturbances toward the court.  Most often, direct contempt proceedings are initiated by the court and not by one of the parties in a case. 

The second type of contempt, indirect contempt, occurs outside of the presence of the court.  The most common example of indirect contempt is a party's disobedience or interference with an order of the court, such as a parent's failure to pay child support or the refusal to follow the parenting plan.  In most post-divorce disputes, the party utilizing the contempt rules usually claims that the person is acting in "indirect" contempt.

To begin an indirect contempt action, the initiating party much file a motion and supporting affidavit with the court.  The motion and affidavit include the rule or order that was violated, and the facts showing how the opposing party violated the order.  If there are sufficient facts in the motion and affidavit to show that indirect contempt occurred, the court will issue a citation to the offending party to show cause why the party should not be held in contempt.

Once the citation has been issued, the opposing party has an opportunity to admit or deny the contempt allegations.  Should the party deny the contempt allegations, the court will schedule a hearing to determine if the contempt allegations can be proven.

When a party seeks to hold the opposing party in contempt, the party may ask the court to impose remedial or punitive sanctions  The type of sanctions selected makes a significant difference in the manner in which the contempt proceeding is held.  If the party is asking for remedial sanctions, the party must prove to the court that the offending party (1) did not comply with a lawful order of the court; (2) knew of the order; and (3) has the present ability to comply with the order.  Punitive sanctions, on the other hand, are more criminal in nature, and therefore the moving party must show, beyond a reasonable doubt, that (1) an order of the court exists, (2) the offending party knew of the court order, (3) the offending party had the ability to comply with the order, and (4) the offending party wilfully refused to comply with the order.


For remedial sanctions, the court may order the offending party to correct the improper behavior, or to remedy the errors that were made.  The Court may also order the offending party to pay for the reasonable attorney fees and costs of bringing the contempt action.  For punitive sanctions, the Court may order the offending party to pay a fine or imprisonment (up to six months), but only if the Court finds that the party's conduct was offensive to the authority and dignity of the court.