Domestic Abuse Victim afraid for her life

My friend's ex has been charged with Domestic Violence and served time . He is still under a restraining order and probation but he still drinks and he shows up at her house all the time She lets him see the girls because they cry that they miss and love him . But he still rages and looses his temper constantly . Recently she sent me some texts to the extent of , " If he thought I was going to turn him in , I believe he would kill me " or " If I go missing , it wasn't an accident " ( paraphrased for privacy ) . I'm not a lawyer so I'm trying to read CO state DB laws and it seems that even if she did turn him in , he could just come and kill her in two years when he is released since he has only one previous DB conviction . Is this true ?

San Luis, CO -

Attorney Answers (3)

Daniel Nelson Deasy

Daniel Nelson Deasy

Family Law Attorney - Centennial, CO

Your friend is involved in a horrible situation. Unfortunately, there is no piece of paper in the world that is going to protect her. That said, she need to let law enforcement know what is going on -- there simply is no other way.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
Kimberly A.S. Utesch

Kimberly A.S. Utesch

Child Custody Lawyer - Denver, CO

Sometimes, unfortunately, your best option is the one you refuse to do. To protect herself she may have to give up the home and start over somewhere else. As my colleague noted, no piece of paper can truly protect her. Sometimes the choice is be harmed, or worse, or leave. He is violating the protection order and his probation rules. Even if she is "letting him" he is still violating the order and could be arrested. She cannot waive the protection order for him. Don't mean to be harsh, but she's going to have to decide what's more important, her house or her life.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more
Brandon Uriah Luna

Brandon Uriah Luna

Domestic Violence Lawyer - Delta, CO

Dear San Luis, CO

This is an incredibly dangerous situation. When I was a Deputy District Attorney I investigated too many cases where someone in your situation did nothing and their friend ended up seriously injured and sometimes much worse. You should take your friends fear seriously and do all you can to help her out.

You are correct that the laws in Colorado do have limits to how long your friend's ex will be supervised and/or incarcerated.

I would be happy to speak to you and give you suggestions of ways you can help your friend for no charge.

visit my website for my contact information.

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Domestic violence is physically, sexually, emotionally, economically, or mentally abusive behavior used to control an intimate romantic partner.

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A restraining order is a court order that requires you to do, or refrain from doing, certain actions. It is often used in stalking or domestic violence cases.

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