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Domestic violence includes several different types of abuse which are designed to gain control, maintain control, or punish another person. They can include: 1. Physical harm to another, such as a spouse or child or pets; 2. Emotional abusive behavior, such as insults, threats, intimidation, and isolation; 3. Sexual exploitation; 4. Destruction of property; and 5. Using children to maintain control and power over their partners. Often it results from an inequality in family relationships. A perceived unbalance of power. In addition to being dangerous to the physical and emotional welfare of family members, their legal rights may also not be protected. In such a case, too often family decisions are based on fear and intimidation, instead of based on best interests. A safety plan for victims of domestic violence should include the keeping of: 1. Some money available at all times; 2. Important documents, particularly insurance coverage, available; 3. Some clothes and necessities packed or at another location; 4. Extra keys to the home and vehicles; and 5. Phone numbers of police, family members, and others who can help. If a petition for divorce is filed with a court, there is automatic restraining order (temporary injunction) which is a part of the petition and the summons. It enjoins either party from disturbing the peace of the other party or any child. CRS §14-10-108. Otherwise, a civil protection order may be obtained in accordance with CRS §13-14-102. The abusive party can be kept away from the home and any place where the other party is employed or the children go to school. This is a “no contact” order. Once a protection order is in place pursuant to either CRS §14-10-108 or CRS §13-14-102, a violation of such order will usually result in imprisonment and fine. |
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