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Dane Eric Torbenson

Dane Torbenson’s Answers

382 total


  • What are the best questions to ask a respondent in a contempt of an Memorandum Of Understanding regarding Therapy?

    Dane’s Answer

    From the situation you describe, it seems like the issue is going to be whether you, or anyone else, has standing to bring a contempt action against the Father. If the Court has not awarded you or any other third party any parental responsibilities regarding the children, and the Father has sole decision-making, there is no one who has standing to challenge the Father's decisions regarding whether or not the children continue to need therapy.

    If the Court has awarded some parental rights to you or someone else, you will need to give additional background in order to allow an attorney to answer your question.

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  • Do I need to submit and a financial affidavit or can I request a waiver of mandatory disclosure?

    Dane’s Answer

    Form 35.1 which contains the mandatory disclosure requirements states in paragraph (o) that the mandatory disclosures are not necessary when only parenting time or decision making are at issue. The court should waive the disclosure requirements and allow you to proceed without the disclosures. If the Court continues to request them, you can file a motion.

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  • How do I go about getting a Pro-Bono or low income attorney or one that will take payment plans? This is for child/family

    Dane’s Answer

    In addition to the options proposed by Mr. Harkess above, there are many attorneys who will work with clients on an "unbundled legal services" or "Rule 11" basis. This means that an attorney can assist clients without actually entering their appearance with the Court or appearing in Court with the client. This can often reduce fees substantially, as it allows the client to do as much of the work on their case as they feel comfortable doing, and only paying an attorney for the advice or work that the client feels is necessary. As you contact attorneys, you should ask about this option.

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  • How are you notified of pending litigation in Colorado?

    Dane’s Answer

    You might be contacted by an attorney in advance of litigation, but you would never be legally notified of pending litigation by phone. Initiation of a lawsuit requires personal service. If you actually ever speak with someone who tells you there is pending litigation, ask them what court it is in, and what the case number is. Then you can call the Court to verify whether such a case exists and whether you are a party.

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  • Can I be extradited from Colorado to North Dakota for a misdemeanor?

    Dane’s Answer

    Most states will not extradite for misdemeanors, because the state requesting the extradition has to pay the cost. However, the case will not go away, and if you're ever in North Dakota again, you will have an active warrant. Moreover that active warrant may show up on background checks for employment or other purposes. In the long term, you are best served with taking care of the problem. If you now live in Colorado, you should speak with a North Dakota attorney and see if there is any way to resolve the case long distance.

    I also agree with the earlier answer that there are going to be license consequences if you don't handle the North Dakota case, and likely won't be able to get a valid drivers' license until you have taken care of the case.

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  • Never received divorce decree verifying length of spousal support

    Dane’s Answer

    In addition to the divorce decree, the court would also have issued permanent orders regarding the spousal support, and potentially even a separate Support Order. As prior attorneys have mentioned, you should go to the courthouse and attempt to get copies of any of these documents that exist. If, for any reason, no such documents exist, then you can request a transcript of the Court's ruling from your hearing, verify that the Judge's statements are as you recall, and then ask the Court to adopt that transcript as your permanent orders.

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  • Please help a father

    Dane’s Answer

    Because there were no court orders in place, there was nothing prohibiting her from moving out of state with the children. However, simply moving the children without informing or consulting with you will not reflect well on her when the case gets before a court. If the children lived in Colorado more than 6 months prior to her move, and less than 6 months have passed since she moved, then you can file an action in Colorado to determine parental rights for the children, and as part of that action you can have your parentage for your daughter conclusively determined. The court cannot make her move back to Colorado, but will be able to make a determination whether it is in the children's best interests to order that they be returned to Colorado to live with you. Interstate cases are messy and complicated, and you would be well served to consult with an experienced family law attorney regarding your situation.

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  • Can I still take my son to another state and not receive any legal repercussions, even though I signed a notarized agreement?

    Dane’s Answer

    Although I agree that the agreement you signed many not be legally binding, you must also consider how a judge may look at your decision to movie in spite of the agreement when the case eventually comes before the Court. Your best bet is likely to proceed through the Courts to get a decision regarding relocation. As the other attorneys have mentioned this is a complicated area of the law, and you would be best served by consulting with a family law attorney regarding your options.

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  • Given my situation, can I still hunt in CO with a bow? Can I obtain a hunting license? Do these rules apply to me with my DV?

    Dane’s Answer

    You really need to consult with an attorrney who practices extensively in this area. The definition of domestic violence differs between state and federal law, and your criminal tampering offense may or may not trigger the federal firearm ban, depending on the factual basis for the offense. In addition, the definitions of the weapons prohibited under state and federal statutes can differ. It will be very difficult for anyone to give you any specific advice without having all of the details of your situation. Most criminal defense attorneys have addressed this situation to some extent or other, but you would be best served by finding someone with an in-depth knowledge of firearms and second amendment law.

    Good Luck.

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  • After a verified entry of support judgment is filed with the clerks office what's the typical time from for judge to approve it?

    Dane’s Answer

    • Selected as best answer

    The time can vary by county, and I would not ordinarily expect that they would send you a transcript of judgment without a request for one. I would suggest calling the clerk of the court and inquiring as to the status. Sometimes they will enter judgment, but not notify you that they have done do.

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