Civil Assist in Domestic Violence

A Domestic Violence Arrest is Unpredictable and Leaves you Unprepared

Being arrested for Domestic Violence in Adams and Arapahoe County usually doesn't occur by appointment. Instead, you get blindsided and are placed under arrest without warning following a nonphysical or physical argument with a friend or spouse.  The result?  You might be released from jail in your pajamas without a cell phone or any money. You will have nothing with you to function or go to work at the time you are bailed out of jail.  There is a provision of law where police will accompany you to your residence to obtain essentials like medicine, clothing or a work computer.

What is a Civil Assist in Domestic Violence Cases?

A Civil Assist is the procedure where men and women accused of crimes of Domestic Violence in Jefferson and El Paso County are permitted to request a police assist to return home and retrieve essentials necessary for subsistence living.  Since the police are present, this is not a violation of the standard restraining / protection order.

The accused is permitted to return home and take clothing and other essentials under the supervision of a police officer.  Here is the problem: if your "victim" objects to you taking anything, saying it is theirs or community property, you can't take it.  They have a complete trump over your claim to YOUR property. No discussion permitted.

Police are not Fact Finders in Civil Assists

We have spoken to the police about property involved in Civil Assists, and their rationale is that they are not fact finders or judges, and don't want to get caught up in determining who owns property.  Plus, they are very busy and cannot afford the time to arbitrate disputes regarding a television, computer or stereo.  The bottom line?  If the "accuser" says it is "ours" or "mine", it stays.

Our law firm has been handling Domestic Violence Civil Assist matters in Denver and Douglas County for 25 years.  We know how to move past a Civil Assist and get you your property.  If you need personal property items which are in dispute with a person protected by a Protection / Restraining Order, call our attorneys at 303-731-0719 for a free consultation.  Together, we can protect your future.

Facing Charges? Get Help Now!