Skip to main content
Brian B. Boal
Avvo
Pro

Brian Boal’s Answers

261 total


  • Is it appropriate to file a motion for a temporary change of current parenting days which is not 50/50?

    My soon-to-be ex-husband and I live in Colorado. Our child is two year old. Although I've requested to change the current parenting plan for the child who prefers to stay my house longer to at least 50/50, there have been a temporarily order that ...

    Brian’s Answer

    A second temporary orders hearing will usually not be granted absent good cause, i.e. something more than general dissatisfaction with the existing temp orders. I absolutely agree that you should hire or at least consult with an attorney before filing more paperwork with the court.

    See question 
  • If a person has a restraining order on someone and they let them back in there home a (Mother) can she be held in contempt.

    there was three restraining orders issues the last one permanent.

    Brian’s Answer

    No, the protected person cannot be held in contempt for contacting the restrained person. It is the restrained person's obligation to avoid contact with the protected person.

    See question 
  • What are my rights as a parent without physical custody? And how can i regain physical custody of my daughter?

    My sister has physical custody of my daughter while I still have my parental rights as her mother. My sister has not followed any of the visitation orders in the past and had left my daughter in the care of our mother who has had a extreme heroin ...

    Brian’s Answer

    If your sister was awarded custody through a D&N proceeding, you should contact attorney who practices both juvenile and domestic relations (family) law. I would caution you against trying to do this on your own, without legal representation.

    See question 
  • My grand daughter was abused and the abuser never did time, how do I get his prosecuted ?

    Mothers boyfriend charged with injury to a child and the case was closed because my son got the children. One year later the children are with the abuser again and he has never been encarserated for this offense. What can I do to have him prosec...

    Brian’s Answer

    Your son needs to make a police report with local law enforcement in TX in the county where the abuse occurred. It is then up to law enforcement to determine whether or not charges will be filed. Best of luck.

    See question 
  • What does it mean to "issue judgement" on attorney's fees?

    I am court ordered to pay $10,000 by August to opposing counsel. This guy's a douch (excuse my language) and so is his client. There's absolutely no way for me to pay that whole amount by august. I know he will not accept payments but I plan on se...

    Brian’s Answer

    If you are court-ordered to pay attorney fees and do not do so, then the other side may file a motion for the court to find that you are in contempt. Penalties for contempt include a possible jail sentence of up to six months. Additionally the other side or the attorney can obtain a lien on any property you own or order of garnishment of your wages.

    With a $10K judgment against you for just the attorney fees, you should absolutely hire an attorney to handle this matter for you. The stakes are high and it is most likely too complicated and involved for you to handle without professional legal representation.

    See question 
  • I married a woman from Peru. We are now divorced, she now is trying to tell me that we are still married in Peru, is this true?

    We were married 16 years ago in CO. A few years after we married she made me go to the Peruvian embassy in Denver and register our marriage in Peru. We were never formally married there. We divorced a while back. I am currently in another relation...

    Brian’s Answer

    I am not licensed or qualified to advise on Peruvian law. However my colleague is 100% correct: if you have a divorce decree signed by a judge here, then you are legally divorced in the United States and free to remarry. Avoid Peru as a honeymoon destination to be on the safe side.

    See question 
  • What does fugitive hold mean?

    My friend has a warrant and he wass arrested for it but now he has fugitive hold.

    Brian’s Answer

    It means he has a warrant in another state and is being held pending extradition back to that state.

    See question 
  • There is a protection order in place, will I get in trouble for sending mail to my fiancé in jail?

    My fiancé was arrested almost a full year ago on domestic violence charges. The state of Colorado placed a protection order against him and it prevented him from contacting me but I could contact him and he wasn't allowed to respond. I am the prot...

    Brian’s Answer

    No you would not get in trouble for sending him mail in jail. Whether he is in custody or out of custody, the protection order only prohibits the restrained party from contacting the protected party, not the other way around.

    See question 
  • Is it illegal for a civilian to carry around a set of handcuffs?

    As a means of self-protection?

    Brian’s Answer

    • Selected as best answer

    It would depend on whether or not you appear to be impersonating a police officer.

    See question 
  • Do I need to take a legal route to get my daughter back?

    I have full custody of my daughter. A little over a week ago, I got a call from the school counselor saying that my daughter was having suicidal thoughts because of our living situation here. I let her go stay with her dad temporarily in wyomi...

    Brian’s Answer

    You should contact an experienced family law attorney in Colorado. If you agreed with your ex to permanently modify the parenting time such that he would become the primary residential parent, then a modification proceeding in CO will likely be necessary if he won't agree to let your daughter live with you again.

    See question