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Colorado Legal Services

2. A private, non-profit corporation.MISSION: To provide meaningful access to high quality, civil legal services in the pursuit of justice for low income persons and members of vulnerable populations throughout Colorado.. Colorado Legal Services. 3. SERVICES PROVIDED . . 4. . SO HOW DOES THE FAMILY AND CHILDREN'S UNIT (FCU) ACCOMPLISH OUR CLS MISSION AND PROVIDE THESE SERVICES?.

JasminFlorian
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Colorado Legal Services

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    1. 1 Colorado Legal Services Protection Orders, Allocation of Parental Responsibilities (APR) and Divorce Cases with Domestic Violence WHO SHOULD YOU REFER? May 14, 2008 Terry E. Lopez, Supervising Attorney Family and Children’s Unit 303 866-9340, tlopez@colegalserv.org

    2. 2 A private, non-profit corporation. MISSION: To provide meaningful access to high quality, civil legal services in the pursuit of justice for low income persons and members of vulnerable populations throughout Colorado. Colorado Legal Services

    3. 3 SERVICES PROVIDED

    4. 4 SO HOW DOES THE FAMILY AND CHILDREN’S UNIT (FCU) ACCOMPLISH OUR CLS MISSION AND PROVIDE THESE SERVICES?

    5. 5 We do it by PARTNERING with YOU

    6. 6 We like to give CREDIT where CREDIT is DUE and ask YOU to DO the Same. We APPRECIATE: The Work YOU Do The REFERRALS YOU Send Collaborating with YOU so TOGETHER We Can Make A Difference FEEDBACK: What’s Working? What’s Not? Giving YOU Feedback (My People will Call Your People)

    7. 7 LOVE IS … …NOT SUPPOSED TO HURT …DEMANDS RESPECT …REQUIRES COMMUNICATION

    8. 8 A FEW FCU 2006/2007 STATS… ADAMS PPO=51, APR= 23, DOM=44 ARAPAHOE PPO=32, APR=8, DOM=27 DENVER PPO=61, APR=18, DOM=46 DOUGLAS PPO=9, APR=3, DOM=3 JEFFERSON PPO=73, APR=25, DOM=34

    9. 9 TIPS for GETTING YOUR REFERRALS THRU INTAKE… PHONE INTERVIEWS PREFERRED – Cell# and 2nd# MAKE SURE PHONE NUMBERS ARE CORRECT AND THERE IS A FIRM DAYTIME NUMBER. OK to Leave Messages? Safe to ID Ourselves as CLS? NOTE ON YOUR FAX IF LANGUAGE IS AN ISSUE AND WHAT LANGUAGE TELL US WHAT TYPE OF CASE(S) IT IS + HEARING DATE / TIME WE NEED COPIES OF PPO PLEADINGS (County Court) or REGISTER OF ACTIONS (District Court) CLEAR SPELLING OF NAMES: Client + Adverse CLEAR and LEGIBLE WRITING and PLEADINGS

    10. 10 A FEW DENVER/CLS STATS… Denver Intake Processed approximately 8,000 Intakes and Interviews in 2007. From January 1, 2008 – Today, Denver Intake Processed approximately 1550 Interviews on Domestic Calls. 1250 Cases have been generated from those Interviews. Of the 1250 Domestic Cases generated in 2008, roughly 1/3 were sent to MVL or FLCP. The other 2/3 (800 Cases) received Advice from Intake or sent to Denver FCU for Representation. POP QUIZ: What is FLCP? When is a Case not Appropriate for FLCP? Please note this on your referral sheet.

    11. 11 CLS-Denver Office

    12. 12 Family and Children Unit STAFF

    13. 13 Family and Children Unit COUNTIES SERVED

    14. 14 CASES ADVOCATES SHOULD REFER TO US

    15. 15 PERMANENT PROTECTION ORDERS - COUNTY COURT Client must already have a TPO issued as a result of domestic violence in COUNTY COURT Care and Control of children must be at issue UNLESS referral has a disability or is a senior citizen FCU must have no less than 5 working days from the date intake received in FCU and the PPO hearing date

    16. 16 PROTECTION ORDERS IN DISTRICT COURT IF A DISTRICT COURT ACTION HAS BEEN FILED FOR PARENTAL RESPONSIBILITIES OR DISSOLUTION OF MARRIAGE + A PROTECTION ORDER IS NEEDED OR HAS BEEN OBTAINED . . . THEN REFER THE CASE TO US AS A DOM / APR WITH DOMESTIC VIOLENCE

    17. 17 DISTRICT COURT REFERRALS PROTECTION ORDERS IN DISTRICT COURT CANNOT BE HANDLED SEPARATELY FROM THE DOM or APR WHEN YOU REFER THIS TYPE OF CASE, PLEASE STATE THAT THE REFERRAL IS FOR APR or DOM + PROTECTION ORDER IF WE ACCEPT THE CASE AND ENTER AN APPEARANCE, WE MUST REPRESENT THE REFERRAL IN THE ENTIRE DISTRICT COURT ACTION THROUGH FINAL PERMANENT ORDERS

    18. 18 The Answer is YES… REFER US THE CASE WHEN… . . . THE REFERRAL HAS NOT FILED FOR A TEMPORARY PROTECTION ORDER IN COUNTY COURT AND NEEDS TO FILE FOR DOM or APR + SHE NEEDS A PROTECTION ORDER. We have GREATER CONTROL and LEGAL STRATEGY to initiate a District Court Case and seek Protection in the District Court Case. With the recent changes in the law as to co-parenting it is not always better for a battered woman to first obtain a county court protection order before filing a District Court action.

    19. 19 HUH? ARE YOU CONFUSED YET?

    20. 20 So let’s talk DISTRICT COURT There are TWO types of Cases to REFER: ALLOCATION OF PARENTAL RESPONSIBILITIES DISSOLUTION OF MARRIAGE

    21. 21 ALLOCATION OF PARENTAL RESPONSIBILITIES (APR) Send us the REFERRAL if the ANSWER is YES … CUSTODY OF CHILDREN IS IN DISPUTE BETWEEN THE PARENTS (unless applicant has a disability or is a senior citizen) + There are CREDIBLE ALLEGATIONS of DOMESTIC ABUSE/VIOLENCE + The CHILDREN have CONTINUOUSLY RESIDED in Colorado with either or both parents for no less than 6 months before filing a Petition for APR .

    22. 22 Allocation of Parental Responsibilities Case Non-married Parties with a Joint Child Court will determine Decision Making, Parenting Time and Child Support Court Applies Best Interests of Child Standard Venue is Proper in County where Child Resides

    23. 23 DISSOLUTION OF MARRIAGE REFERRALS One or both parties has resided in Colorado for at least 90 days prior to filing of Petition for DOM. Custody of children must be in dispute between the parents. Credible allegations of domestic abuse/violence Children continuously resided in Colorado with either or both parents for no less than 6 months before the filing of the Petition for DOM.

    24. 24 Dissolution of Marriage Case Filing of Summons and Petition. Jurisdiction: Domicile 90 Days and 6 Months Home State Residence of Children Mandatory Financial Disclosures Division of Debt and Property of Marriage Allocation of Parental Responsibilities and Child Support

    25. 25 Non-citizen Spouses and Dual Citizenship Children Non-Citizen Status is not a Factor for Court in Protection Order Cases. Flight Risk considered. Non-Citizen Status may be a factor in a subsequent case to determine custody/parental responsibilities especially as that applies to RELOCATION from the U.S. to another country with the children. Non-Citizen Status is not a Factor for Court in Protection Order Cases. Flight Risk considered. Non-Citizen Status may be a factor in a subsequent case to determine custody/parental responsibilities especially as that applies to RELOCATION from the U.S. to another country with the children.

    26. 26 Collateral Issues in Protection Order Cases Immigration Status of Non-Citizen Spouse Jurisdiction Pending Criminal Cases involving the Protected Party as a Victim Pending Criminal Cases involving the Protected Party as a Defendant Pending Criminal Cases involving the Children as Protected Parties

    27. 27 MPOs, Civil and Criminal Protection Orders Jurisdiction Issues Interplay between Civil County Court Orders, District Court Orders, Criminal No Contact Orders and MPOs Consistency of Orders as they relate to Care and Control of Children

    28. 28 Care and Control of Children Civil Protection Orders – Care and Control: C.R.S. 13-14-102 CPO expiration: 120 Days from return hearing date. No Extension. Court will apply Best Interests of Child Standards: C.R.S. 14-10-124 Court will Factor in MPOs and/or C.R.S. 18-10-1008 Criminal No Contact Orders

    29. 29 Best Interests of the Child C.R.S. 14-10-124 State Legislative Policy presumes Co-Parenting is in Best Interests of Child UNLESS there are specific grounds to limit parenting. Applicable to Decision-Making and Parenting Time

    30. 30 Effect of Domestic Violence on determination of Best Interests of Child Factors Court will Consider: Is one of the Parties a Perpetrator of Spousal Abuse: Requires Credible Evidence Spousal Abuse Defined as: Proven Threat of or Infliction of Physical Pain/Injury by a Spouse or Party on the Other

    31. 31 BLIND JUSTICE AND WHAT YOU NEED TO KNOW

    32. 32 Effect of Domestic Violence on Best Interests of Child cont. Mutual Decision Making is NOT appropriate if there is a FINDING of Spousal Abuse Spousal Abuse can be proven by single incident, pattern of abuse, or conviction Mutual Decision Making is NOT appropriate when the Perpetrator has been convicted of Child Abuse or Neglect

    33. 33 Domestic Violence/Lethality Factors RED FLAGS: Suicidal and or Homicidal Ideation, Threats or Attempts, Escalation in Frequency and Severity of Violent Episodes, Weapons Owned by Perp and Threats to Use OR Recent Purchase, Prior Criminal Behavior, MENTAL HEALTH ISSUES, Preoccupation with Victim/Stalking

    34. 34 GOT PROOF?

    35. 35 PLEASE SHARE THE NEWS… We MUST have ALL Mandatory Disclosures from your Referral BEFORE We Can Enter a DOM Case (NO EXCEPTIONS) Tell your REFERRAL to BEGIN Gathering All Mandatory Docs JDF FORM 35.1 on Court Website

    36. 36 NO DISCLOSURES MEANS NO REPRESENTATION At the Initial Status Conference, the Attorney MUST CERTIFY on the Record that we have provided ALL Mandatory Disclosures to the other side. Failure of your REFERRAL to provide us the documents we need is one of the most common reasons to reject her case for representation. We have to Comply with the Law

    37. 37 Form 35.1 Mandatory Disclosure Required in ALL Cases Financial Affidavit filed with Court Must be exchanged PRIOR to Initial Status Conference with Continuing Duty to Disclose Supplemental Discovery permitted Information used to determine division of debts, property and child support.

    38. 38 PLEASE REMEMBER: We are Partners / Let’s Collaborate Send us Referrals CALL US when You Have Questions so we can better serve your clients In District Court / No Disclosures Means No Representation We always need all Pleadings whether a PPO, APR, or DOM Case. No Pleadings, No Representation. If you can’t send Pleadings in District Court Cases, tell your referral to get the Register of Actions (This Saves Lots of Time in Evaluating the Case) Clear Writing on Your Referrals with Firm/Safe Daytime Phone Numbers

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