Civil Assist in Domestic Violence

Domestic Violence Arrest and Civil Assist in Adams County: For the Unexpected

No one plans on being arrested for Domestic Violence in Adams and Arapahoe County. A Civil Assist is necessary to go to your home and collect essential items without violating your Protection Order.  After all, police arrest you quickly and unexpectedly. They don't let you bring a "to-go" bag. Let's talk about how to get a Civil Assist and what you can expect in the process.

Rules for Arapahoe County Civil Assists After a Domestic Violence Arrest

The rules in Arapahoe County for a Civil Assist are pretty predictable compared to other counties.  After you are released from jail, you will be wearing whatever you had on when arrested.  You may not have your wallet, car keys or even your car.  The Protection Order will prevent you from going home to get anything.  So, you must schedule a Civil Assist appointment, with the police agency that arrested you. Then, you can gather essential items while a police officer watches you. Be prepared mentally that your "victim" may have cleaned out your credit cards, wallet, cash, and bank accounts.

What Happens at a Civil Assist in Jefferson County?

At the time of your scheduled Civil Assist, the Lakewood Police or Jefferson County Sheriff's Department will send a deputy or police officer to meet you at your home and to talk with your alleged victim.  After visiting with her, the officer will let you come in and gather noncontested essential items.  These are small items, necessary for living.  While there, you cannot speak to or communicate with your alleged victim.  The rules are that you will be allowed only 10-15 minutes to get your things, and that you can't take anything which the alleged victim says is her property or joint property.  Don't even think about taking the LCD TV, furniture or appliances.  No police officer will permit that.  You can usually only take things from your residence like car keys, medicine, clothing and a work computer.

Don't Anger Your Douglas County Domestic Violence Partner - Think, Think, Think!

No matter who you think is at fault in your Douglas County Domestic Violence dispute, you must not make your partner angry during the Civil Assist.  This person will be the one who talks to the DA about a resolution of the criminal case against you, who may testify against you, and who has the power to hurt you more and more.  Over time, an angry woman or man will soften their position and even desire to help you. You want them to come to court to fight for you, not against you.  Keep them happy.  Your big screen TV can be replaced.  Your freedom and criminal record often cannot.

Denver Police are Not Fact Finders in Civil Assists

We have spoken with Denver Police about the types of property involved in Civil Assists.  They believe that they are not fact finders or judges, and don't want to get caught up in determining who owns what property.  Plus, they are very busy and cannot afford the time to arbitrate disputes regarding a television, couch, 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 which an officer would not let you have.  If you need personal property items which are in dispute with a protected party in a Protection Order or  Restraining Order, call our defense attorneys at 303-731-0719 for a free consultation.  Together, we can protect your future.

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