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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I have a concern regarding the disregard of state law on the

Customer Question

I have a concern regarding the disregard of state law on the part of the El Paso County, CO Sheriff Dept. during a Domestic Violence investigation on 07-31-2015. My friend was returning to her residence that she shares with her ex-boyfriend. They have only very recently broke up and she was going to get some clothes and so on as she was in the process of moving in with me. I was not there for the disturbance, but her brother, and two neighbors of theirs were at the scene and reported having seen her ex-boyfriend push her from the doorway onto the ground. Her brother then attacked her ex in defense of his sister. Her ex then furbished a knife and threatened them until a neighbor called that she was going to call the police. The sheriff's office dispatched three deputies to the scene. Upon completeing their investigation, they determined that an assault had occurred due to his forcefully pushing her to the ground and the matching eyewitness accounts. They did not make any arrests or file any charges and the involved parties were sent separate ways and the sheriff deputies left the scene. My concern is here. My understanding is that under Colorado State Law in Domestic Violence Investigations that one or both parties MUST be arrested and charged with any form of domestic violence that has been determined by the investigating deputies as the primary aggressor(s). I called the El Paso County CO district attorney's office to confirm this and they agreed that is the law in Colorado. However they had not received anything in regards ***** ***** case the deputies had responded to. I have the case number ***** the deputy's name and phone. I called and left a message on his phone inquiring about it, and I received no reply. I have had issues in the past with misconduct on their part and am quite fearful this man may be capable of causing her further harm. Do I have any options here to ensure that the Sheriff Dept is held to the state law and fulfills its obligations?
Submitted: 1 year ago.
Category: Legal
Expert:  Legalease replied 1 year ago.

Hello there --

-

You stated above that the investigating officers already determined that there is a viable prosecutable case for assault charges here. Can you tell me which participant in the fracas was the person identified as having committed the assault -- and which person was determined to have been assaulted ?? I am assuming that the ex boyfriend was identified as the aggressive party who committed the assault and that the brother was the party assaulted (with a knife)?

MARY