Civil Assist to Get Your Property – A Castle Rock and Parker Criminal Case Lawyer’s Advice
When police arrest you, they don’t give you notice or time to get necessary things from your house. In Domestic Violence cases, this is a real problem, because the court won’t let you go home after you bond out of the Douglas County Jail. Your medicine is at your house. Your wallet is at home. Your phone is at home. Your clothes and car are at home. Your life is there! With any Domestic Violence case, there is a protection order or restraining order preventing you from going back home to get your things. In order for people to be able to function while their criminal case is proceeding, they are granted a one time “Civil Assist” to retrieve personal belongings. The Civil Assist occurs when police are with you and it is a one-time exception to your protection order or restraining order.
Civil Assist in Arapahoe County – Police Must Accompany You
For any Civil Assist in a criminal case, you cannot return to your home unless you are accompanied by police. They will grant you a one-time visit home if the judge authorized the visit and when police are available. Don’t expect to go home at a busy time for police. They will make your request a low priority, so be patient. Once the judge authorizes a civil assist, you can call the police department in Aurora or Centennial and schedule a visit. They will schedule the assist when your alleged victim is available and not before. That person will be present, but you can’t talk to them due to the restraining order. Don’t return home at any other time, and don’t talk about your case with the police.
Your Property in a Jefferson County Civil Assist – Only if Your Spouse Says So
A common occurrence Civil Assist cases is that the defendant (our client) goes to get his or her property and the alleged victim is mad and says the property is either owned jointly or owned by them. Even something bought by our client, such as a small appliance or TV is claimed by the person who now gets to stay in the house or apartment alone. Here is another common occurrence: the guy owns the house, the woman is unmarried to him, and she gets an order saying she can occupy his house rent free! Your criminal defense lawyer can help with this problem and get you back into your home.
Civil Assist in Adams County – Is it the Only Way?
Under most protection orders or restraining orders, you can’t talk with the alleged victim or have a friend talk with them. Third party contact is forbidden and will be prosecuted as a violatoin of the protection order. In some cases, not at your direction, your lawyer or his/her investigator can contact the alleged victim directly or through the DA and get your critical property unavailable during your civil assist. Don’t try this route unless the property is essential for you to have. If it is something small like a blender, go buy a new one.
Our Civil Assist criminal attorneys are available to consult with you about your Civil Assist issue or the underlying criminal case. We have decades of experience and can make a huge difference in the outcome of your criminal case. So, never speak to the police, but instead call us at 303-731-0719. Together, we can protect your future.
Image Credit: FreeDigitalPhotos.net – Stuart Miles