What is the name of your state? Colorado
On June 6th, 2008 the Aurora, Colorado Police were called out to serve Protection Order papers to my wife. The officer who came out to our address started asking questions about some of things that may have been going on recently. They asked me what was the most recent I told them the day before on the 5th of June. The reason for my call on the 6th was I had obtained a Protection Order mainly because I wanted to insure she wouldn’t take the children away. During our arguments she would always state she would bring the children with her. She had also stated when she gets her pay check she was leaving etc. The cop who was questioning me decided to file charges against my wife for menacing. I didn’t really think much of this because I wasn’t really sure what was meant by that.
The reason for the Felony 5 DV charge was because during our argument my wife had a knife in her hand she was making dinner slicing pepperoni. I said she had walked out of the kitchen towards me stating she thought I didn’t deserve to be around any of the children. Of course like anyone I backed away and rather than argue I left the home. As I stated to the Police I was avoiding confrontation. I did not call the police because I figured if I stay away and no fighting occurred it would be best for everyone including the children who didn’t need to hear this.
The police asked me if she threatened me with the knife I said no. She never ran towards me with the knife never said anything in regards to the knife. They asked how close I was I responded a few feet. The only thing I said was because she talks with her hands I didn’t want to get any closer because I didn’t know what could have happened. They also had me sign a paper which they said was a statistics evaluation they ask everyone to sign. My wife never came back and she was never served.
Here’s my question on June 8th 2008 the same officer called my wife asked her to meet with her because she had some questions pertaining to June 6th event. Upon meeting with the cop she arrested her and charged her with Felony 5 menacing, Domestic Violence and charged her for being in violation of a protection order. The report states the 4th for menacing the 3rd & 4th for DV and the 5th & 6th for violation of the order.
The Protection order has been dropped since then and when we spoke to the magistrate she stated there was no way she could have violated because it wasn’t ever served until the 12th of June. We obtained documents which state that from the court.
How can an officer charge someone with something that has never taken place? Furthermore, as per Colorado Statues if there are related crimes stemming from the same incident the charges are supposed to be joined in to the same court and dealt with at the same time to avoid additional charges filed against someone. I also think they can use everything against you from the previous hearing. The District Attorney and her Public Defender Claim that isn’t so, although all charges filed against her are on the same summons. The court date is on the 29th of July I’m sure they want me to witness on their behalf and I really don’t want to because they’ve already turned everything I said into this. Is there a way to straiten this out the 29th is a jury trial. Plus she never asked for a preliminary hearing to determine if there was enough probable cause. Her public defender claims she waived that right when they set bail.
Is there anything that can be motioned to the court or can we ask the court for a continuance to obtain real counsel? It’s as though they want to put her away for something that never happened. Any suggestions will be helpful Thank youWhat is the name of your state (only U.S. law)?
On June 6th, 2008 the Aurora, Colorado Police were called out to serve Protection Order papers to my wife. The officer who came out to our address started asking questions about some of things that may have been going on recently. They asked me what was the most recent I told them the day before on the 5th of June. The reason for my call on the 6th was I had obtained a Protection Order mainly because I wanted to insure she wouldn’t take the children away. During our arguments she would always state she would bring the children with her. She had also stated when she gets her pay check she was leaving etc. The cop who was questioning me decided to file charges against my wife for menacing. I didn’t really think much of this because I wasn’t really sure what was meant by that.
The reason for the Felony 5 DV charge was because during our argument my wife had a knife in her hand she was making dinner slicing pepperoni. I said she had walked out of the kitchen towards me stating she thought I didn’t deserve to be around any of the children. Of course like anyone I backed away and rather than argue I left the home. As I stated to the Police I was avoiding confrontation. I did not call the police because I figured if I stay away and no fighting occurred it would be best for everyone including the children who didn’t need to hear this.
The police asked me if she threatened me with the knife I said no. She never ran towards me with the knife never said anything in regards to the knife. They asked how close I was I responded a few feet. The only thing I said was because she talks with her hands I didn’t want to get any closer because I didn’t know what could have happened. They also had me sign a paper which they said was a statistics evaluation they ask everyone to sign. My wife never came back and she was never served.
Here’s my question on June 8th 2008 the same officer called my wife asked her to meet with her because she had some questions pertaining to June 6th event. Upon meeting with the cop she arrested her and charged her with Felony 5 menacing, Domestic Violence and charged her for being in violation of a protection order. The report states the 4th for menacing the 3rd & 4th for DV and the 5th & 6th for violation of the order.
The Protection order has been dropped since then and when we spoke to the magistrate she stated there was no way she could have violated because it wasn’t ever served until the 12th of June. We obtained documents which state that from the court.
How can an officer charge someone with something that has never taken place? Furthermore, as per Colorado Statues if there are related crimes stemming from the same incident the charges are supposed to be joined in to the same court and dealt with at the same time to avoid additional charges filed against someone. I also think they can use everything against you from the previous hearing. The District Attorney and her Public Defender Claim that isn’t so, although all charges filed against her are on the same summons. The court date is on the 29th of July I’m sure they want me to witness on their behalf and I really don’t want to because they’ve already turned everything I said into this. Is there a way to straiten this out the 29th is a jury trial. Plus she never asked for a preliminary hearing to determine if there was enough probable cause. Her public defender claims she waived that right when they set bail.
Is there anything that can be motioned to the court or can we ask the court for a continuance to obtain real counsel? It’s as though they want to put her away for something that never happened. Any suggestions will be helpful Thank youWhat is the name of your state (only U.S. law)?
