Colorado, Adams County
The situation is that I, the husband, have an initial temporary protective order in place against my wife. The order exists because she is a habitual narcotics drug user, and had a violent episode during which she attempted suicide with a knife and attempted to strike me with the knife. (I have attempted to persuade her into treatment, or seek treatment for her, in the past several times, only to be told repeatedly that the only way is if she voluntarily participates.) I contacted the police, who had her taken to a hospital for evaluation, during which she was identified for suicidal thoughts, homicidal thoughts, and drug use with a positive drug test. The Psychiatrist as a mandatory reporter informed social services of the situation and of our three year old son being in the home. I interviewed with social services, and as a non-drug user and the stable parent, was instructed to take my son and leave the home until I could obtain a temporary protective order, under threat that if I did not do so then our son would be placed in foster care. I complied, left the home, and sought the protective order.
There is no current criminal charges or case, and only an open case from social services on the behalf of our son. My wife is enrolling with a treatment program, yet to be determined as inpatient or outpatient as per the expectations of social services in the matter. She has told me that she intends to participate in the program, and understands that I expect her to successfully complete a program before I will even consider allowing her back into the house. She has a great deal of things to work on, both substance abuse and mental health issues, and I have no intention of 'forgive and forget' any time soon, while I expect her to prove that she is going to take these first steps to get clean and of right mind first.
This background information brings me to my question -
There exists the option that both parties may agree to a temporary protective order without the need for presentation of evidence in court. I have proposed to her the terms through an intermediary which I initiated contact through, and she has agreed to the following conditions: A 90 day order, a shall refrain from being within 100 yard distance at all times of myself, the home address, my work place and our sons school, a contact only by phone or video call for the purpose of therapeutic improvement, and a supervised visitation agreement of our son by appointment with social services or an approved child advocate.
Can the magistrate change these terms if we are both in agreement to this? I am concerned that because this has been listed as a Domestic Violence matter, the magistrate may attempt to enforce a no-contact whatsoever.
I ask this because while I wish to keep her physically away for my safety and the safety of our son, I also wish to be able to participate in supporting her through rehabilitation, and provide her with contact at a distance to keep her morale up during treatment. A 'light at the end of the tunnel' as it were.
If someone could please let me know if the terms I have laid out are going to be acceptable to a magistrate, with both parties agreeing mutually to these terms, I would greatly appreciate it. Thank you.
The situation is that I, the husband, have an initial temporary protective order in place against my wife. The order exists because she is a habitual narcotics drug user, and had a violent episode during which she attempted suicide with a knife and attempted to strike me with the knife. (I have attempted to persuade her into treatment, or seek treatment for her, in the past several times, only to be told repeatedly that the only way is if she voluntarily participates.) I contacted the police, who had her taken to a hospital for evaluation, during which she was identified for suicidal thoughts, homicidal thoughts, and drug use with a positive drug test. The Psychiatrist as a mandatory reporter informed social services of the situation and of our three year old son being in the home. I interviewed with social services, and as a non-drug user and the stable parent, was instructed to take my son and leave the home until I could obtain a temporary protective order, under threat that if I did not do so then our son would be placed in foster care. I complied, left the home, and sought the protective order.
There is no current criminal charges or case, and only an open case from social services on the behalf of our son. My wife is enrolling with a treatment program, yet to be determined as inpatient or outpatient as per the expectations of social services in the matter. She has told me that she intends to participate in the program, and understands that I expect her to successfully complete a program before I will even consider allowing her back into the house. She has a great deal of things to work on, both substance abuse and mental health issues, and I have no intention of 'forgive and forget' any time soon, while I expect her to prove that she is going to take these first steps to get clean and of right mind first.
This background information brings me to my question -
There exists the option that both parties may agree to a temporary protective order without the need for presentation of evidence in court. I have proposed to her the terms through an intermediary which I initiated contact through, and she has agreed to the following conditions: A 90 day order, a shall refrain from being within 100 yard distance at all times of myself, the home address, my work place and our sons school, a contact only by phone or video call for the purpose of therapeutic improvement, and a supervised visitation agreement of our son by appointment with social services or an approved child advocate.
Can the magistrate change these terms if we are both in agreement to this? I am concerned that because this has been listed as a Domestic Violence matter, the magistrate may attempt to enforce a no-contact whatsoever.
I ask this because while I wish to keep her physically away for my safety and the safety of our son, I also wish to be able to participate in supporting her through rehabilitation, and provide her with contact at a distance to keep her morale up during treatment. A 'light at the end of the tunnel' as it were.
If someone could please let me know if the terms I have laid out are going to be acceptable to a magistrate, with both parties agreeing mutually to these terms, I would greatly appreciate it. Thank you.
Last edited:
