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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3132
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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We had a small argument that led to my wife giving me a

Customer Question

We had a small argument that led to my wife giving me a shove i moved her out of the bathroom to avoid the situation but by me showing my strength scared her so she called the police and she got taken in to jail for shoving me here in colorado we are a very close family and this kind of thing does not happen and now it did and now im scared for my life without my wife
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Colleen Grady replied 1 year ago.

I am Colleen Grady. I have been an attorney for 26 years. I will be helping you with your questions.

Expert:  Colleen Grady replied 1 year ago.

I will need to ask a few questions to get you the resources you need to help you and your family.

Expert:  Colleen Grady replied 1 year ago.

Is there now a protection order for you to stay away from your wife and home?

Expert:  Colleen Grady replied 1 year ago.

Were you charged with a crime?

Customer: replied 1 year ago.
No she was charged with the crime and yes theres a protectoin order
Expert:  Colleen Grady replied 1 year ago.

OK, so you have a protection order against your wife. You indicated that you are now scared for your life without your wife. Are you concerned about the charge? About this happening again?

Customer: replied 1 year ago.
About the charge i am not worried of this ever happining again we only have each other here in colorado and have good values for us and our children
Expert:  Colleen Grady replied 1 year ago.

So, does your wife have to stay away from you due to the protection order?

Customer: replied 1 year ago.
Shes been in jail for 4 days but I believe so and its only us out here we have no family or friends here and my kids need her
Customer: replied 1 year ago.
Am i getting charged for every answer? sorry
Expert:  Colleen Grady replied 1 year ago.

No. You don't get charged unless you are satisfied with my answers to your questions. You would show your satisfaction if you rate me.

Expert:  Colleen Grady replied 1 year ago.

You can bring a motion to vacate the protection order yourself. That means you can get rid of it if you make a motion to the court and appear for a hearing. I will get you the information on how you do that. Can I ask you what court the case is in?

Customer: replied 1 year ago.
I am apearing in court on wed in adams county colorado
Expert:  Colleen Grady replied 1 year ago.

You can call the prosecutor before Wed and tell him/her that you do not want to press charges. Many times this does not matter and the prosecutor may go forward with the case. But it is worth a try.

Expert:  Colleen Grady replied 1 year ago.

Does your wife have an attorney to represent her?

Customer: replied 1 year ago.
No we dont have time or money i just want her out
Customer: replied 1 year ago.
I already told police officers i didnt want to press charges at all
Expert:  Colleen Grady replied 1 year ago.

Do you know the number to the prosecutor's office? I can get that for you. You can call and see if they will drop the charges on Wed.

Expert:  Colleen Grady replied 1 year ago.

If there is no history of anything happening like this, they may drop the charges.

Customer: replied 1 year ago.
No i dont have the number and there is no history of this happening and we both have good records. She goes to court tomorrow i go wed i wish i can speak first do u know how long these court cases last my kids will be in school and i need to pick them up on time
Expert:  Colleen Grady replied 1 year ago.

That is positive that there is a good record. Here is the number:(###) ###-####/p>

Expert:  Colleen Grady replied 1 year ago.

Were both of you charged? Why are there two different dates?

Customer: replied 1 year ago.
No both of us were not charged just her im here at home and shes in jail
Expert:  Colleen Grady replied 1 year ago.

Sorry. I did not know why there were two court dates. In reality a case can last for several days to several months. It depends on how soon a plea or dismissal takes.

Expert:  Colleen Grady replied 1 year ago.

When you go to court tomorrow, express your wish to drop charges and to file a motion to vacate the protective order. Fill out the form I attached for you.

Customer: replied 1 year ago.
She goes tomorrow i go wed how do i submitt that form when i fill it out
Expert:  Colleen Grady replied 1 year ago.

The District Attorney is the only one who can make the decision to drop charges. They may not do it. You should tell them that you will not testify against your wife. This means they will not have evidence for the case.

Expert:  Colleen Grady replied 1 year ago.

Bring the form tomorrow and see if you can submit it then. Ask the Clerk of the Court. They are usually in the court room.

Expert:  Colleen Grady replied 1 year ago.

Make sure you speak with the District Attorney tomorrow. They work as your attorney. Tell them you do not want to go forward with the case and never did. Tell them the police arrested your wife without your request.

Customer: replied 1 year ago.
That i will not testify does this mean not going to court i feel i need to be there for my wifes sake and tell them it was not a big deal and tell them exactly what feel from my heart about my wife my life my best friend
Expert:  Colleen Grady replied 1 year ago.

You are absolutely correct in doing that. Tomorrow, if you tell the District Attorney, it was no big deal and you will not give them evidence (testimony) in court against your wife, the DA will not have a case.

Expert:  Colleen Grady replied 1 year ago.

If you do this, the DA may dismiss the case for lack of evidence.

Expert:  Colleen Grady replied 1 year ago.

When you go tomorrow, they may want to to sign an affidavit of what happened. Don't do it. That is how they can formally charge your wife.

Expert:  Colleen Grady replied 1 year ago.

Go to court tomorrow and get back to me as to what happened. I will look for your questions and see if I can give you further guidance. You are not paying anything unless you are totally satisfied with my help.

Customer: replied 1 year ago.
I dont go tomorrow she goes tomorrow and dv laws in Colorado are crazy im scared i just want my wife back home with her family
Expert:  Colleen Grady replied 1 year ago.

Get back to me tomorrow as to what happens. If you need more help let me know.

Expert:  Colleen Grady replied 1 year ago.

I wish you and your wife best wishes tomorrow.

Expert:  Colleen Grady replied 1 year ago.

I am checking to see how your wife did in court today. If you need me, I am available.

Customer: replied 1 year ago.
Was just a hearing she has court tomorrow and i have a hearing tomorrow in this kind of case is she able to move out of state because before this we were planning on moving due 2 a better job opp
Expert:  Colleen Grady replied 1 year ago.

I think you will be able to move. Did they vacate the protection order today?

Customer: replied 1 year ago.
Not yet
Expert:  Colleen Grady replied 1 year ago.

Andrew, just following up to see how things went today. Let me know if I can help at all.

Customer: replied 1 year ago.
Went good thank goodness she got probation and back home thank u much for your time I hope u do get paid i just wouldnt be able to pay for each question and answer so i do thank u so much but hope it doesnt back fire on me im BROKE but truly thanks
Expert:  Colleen Grady replied 1 year ago.

You don't have to pay me. I am glad you are ok. Good luck to you and your family.

Customer: replied 1 year ago.
THANK U THANK U THANK U i know u do this every day and dont know me but u really helped me and comforted me wish i can show my thanks with a coffee or a meal or sumthin
Expert:  Colleen Grady replied 1 year ago.

No problem. Just hug your family

Customer: replied 1 year ago.
Ok will do definitely

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