Is a person supposed to be named in a social media or cell phone search
answered on Jan 29, 2023
In general, a warrant should reasonably describe the location to be searched. When it comes to online material, a lot of identifiers can reasonably describe the location (e.g., account name, account link, profile like, cell number, username, etc.). Not necessarily a name.
We have a current parenting plan that states I have my children every other weekend starting on Fridays at 5:00. My ex has filed a motion to restrict my parenting time alleging that he thinks the children are endangered due to my boyfriend breaking and entering while the children were here which is... Read more »
answered on Jan 27, 2023
You mention that your ex filed a motion to restrict your parenting time. If he did so, then there is an automatic injunction that suspends your parenting time until you both get in front of a judge. If he filed on January 20, then there should be a hearing date set by now. The Court has to hear... Read more »
My landlord is telling his other tenant's all my business about eviction
answered on Jan 27, 2023
Free speech is generally protected by the 1st amendment. That being said, the 1st amendment does not protect all types of speech. It has long been recognized that false statements may give rise to a legal claim for defamation. While not criminal in nature, false statements can give rise to civil... Read more »
answered on Jan 27, 2023
From a legal perspective, this isn't a very long delay. So the answer would depend on a couple of factors.
First, how does your Decree read other than when she was to pay the equity? Is there any language about indemnifying you from harm? If so, that would be useful. If there... Read more »
Hit another vehicle but no one was injured.
answered on Jan 26, 2023
More information is needed, however if it's a garden variety careless operation citation, you should not be facing any jail time. That said, any moving traffic citation (which careless operation is), can impact your insurance rates and thus, your pocket book monthly, for a few years so I... Read more »
She requested a child support modification and it had nearly doubled. The mother has not allowed me to see the children nor communicate wirh me. She has left the state twice and I couldn't find them for years so how do I stop or block the child support modification? I have not received... Read more »
answered on Jan 25, 2023
The short answer is no, you can't block a child support modification because the other parent is denying you parenting time. Under Colorado law, the beginning and end of what child support and parenting time have to do with each other is in calculating the overnights.
That does not,... Read more »
My ex-wife moved to Nebraska at the end of 2021. My landlord notified me that she called using my last name to get information about my apartment and living arrangements. She absolutely insisted that they take pictures and invade my privacy. She was curious as to who all was on the lease. She also... Read more »
answered on Jan 25, 2023
If I am following your explanation correctly, you have been divorced for some time, and in 2010 your ex-wife changed her name so it was no longer the same as your last name. Her legal name is now, and has been for many years, her prior name.
If that is the case, then no, she cannot legally... Read more »
In Colorado, my ex agreed in the separation agreement to pay me half of the mortgage since his name is on the house too. The separation agreement is part of the final orders of our divorce decree. Now he's saying he's not going to pay it. Isn't that a violation of a court order, and... Read more »
answered on Jan 25, 2023
If your final orders say that he is to pay 1/2 of the mortgage and he is not doing so, then yes, that is a violation of the orders. Yes, you can file a motion for contempt.
Remember that when you file contempt you need to be able to prove 4 main elements: 1) there was an order requiring... Read more »
My child’s paternal grandmother is a addict and a child abuser and is not allowed around or alone with my child until he turns 18 preferably 21 years old
answered on Jan 25, 2023
The answer to this is essentially a 2 part answer.
First, yes, you absolutely have the right to express that in your Will. There is broad freedom to include things in your Will. That includes statements about who you prefer to finish raising your minor child, conditions around any... Read more »
My ex tried hand delivering papers to restrict my parenting time
answered on Jan 24, 2023
When serving process on a person in Colorado under Colorado Rule of Civil Procedure (C.R.C.P.) 4, any person who is a US citizen 18 years of age or older can be the process server. That person can be a private process server, a Sheriff's deputy, or even a friend or relative of the party to the... Read more »
How can I protect my separate assets (cash, savings, car) from my spouse’s potential future debt claims (IRS seizure, collection lawsuits from business and credit card creditors)? Divorce is not anticipated. This is in Colorado.
How can I protect my separate assets (cash, savings, car) from my spouse’s potential future debt claims (IRS seizure, collection lawsuits from business and credit card creditors)? Divorce is not anticipated. This is in Colorado.
answered on Jan 25, 2023
This can be a tricky question, and it is my understanding that the answer may vary for different purposes, so it would be wise to also get opinions from a bankruptcy attorney and a tax attorney as well. This answer is going to be from an estate planning and family/divorce perspective. I do not... Read more »
In late July, I had a fire that started from an occult altar, possibly the cat knocking a candle over. It had multiple candles and was near alcohol. I was practicing this at the time but I am not anymore.
I had a fire limited to my condo, and no person got hurt except the cat who might have... Read more »
answered on Jan 24, 2023
Colorado law defines the crime of arson as intentionally, knowingly or recklessly setting fire to, burning, or using an explosive in order to damage or destroy your own property, or to damage or destroy the property of another without that person's consent.
Technically, what... Read more »
I never saw the photos of evidence sized or the police body worn camera footage before entering into this plea agreement. Also I was able to view the body camera footage three days before my sentence was handed down and the acting DA never returned my lawyers phone calls and messages. The original... Read more »
answered on Jan 24, 2023
First and foremost, if you did not see essential evidence/videos prior to your plea agreement and you would not have accepted the plea agreement if you had viewed the essential evidence/videos, that is certainly grounds for withdrawing your plea. The practical effect of this is that the case... Read more »
Can my judge change my charges and is signing an illegal plea grounds for dismissal?
answered on Jan 24, 2023
In a Rule 11 advisement form (i.e., plea agreement contact), one of several paragraphs that a defendant has to initial is an acknowledgement that the judge does not have to accept the plea agreement if they find that it's not appropriate or illegal. If someone can be subjected to aggravated... Read more »
Last year my s/p and I filed taxes together. He recently was killed by a drunk driver. We were together 4 years. I told his mother I already filed taxes for this year which I plan on doing. We were practically married and everyone knew it. He made this huge post on FB claiming me etc. I’m his... Read more »
answered on Jan 24, 2023
First, my condolences on your loss. Please make a little time to take care of yourself. You have a lot going on and I'm sure it's more than overwhelming. You'll make it through it. You have to take care of yourself so you can keep your wits about you.
This is a really... Read more »
Can i write a rebuttal report regarding all of the collateral contacts telling bold faced lies that I have proof of?
answered on Jan 23, 2023
You can always challenge the CFI's conclusions and recommendations if you believe that a third party told a lie to the CFI and the CFI relied on that lie in coming to a conclusion or recommendation in the CFI's report. If you are filing a rebuttal document, make sure to attach the... Read more »
I was in the right of way and the other party was determined at-fault and ticketed by the police. I was injured and accrued hospital bills $$$ and my car was totaled. The other party's insurance co. insists that they are only 80% liable and hold that I should be liable for 20% of the damages... Read more »
answered on Jan 23, 2023
A Colorado attorney could advise best, but your question remains open for two weeks. As a general rule nationwide, clients can dismiss an attorney (and vice versa, for the most part.) It's possible (subject to a state's rules) that an outgoing attorney could assert a lien on the case for... Read more »
She was served it’s been 96 days and she still hasn’t filed a response nor any paper work. However she has been to the first meeting and mediation. But haven’t file parenting plan a response sworn financial statement nothing. So I want her to be dropped from the case if that’s possible
answered on Jan 23, 2023
In Colorado, you can ask the court to set a "default judgment hearing" if the other side just goes "radio silent" like this. At a default judgment hearing, the other side may be limited in the evidence they can put before the judge because the other side has not complied with... Read more »
How will the respondent know the jurisdiction is changed?
answered on Jan 22, 2023
It depends. Venue can only be changed under certain circumstances. Usually an action has to be filed in the county where the Respondent resides.
The other party has to be notified of every document filed in a case.
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