A: When a divorce is filed the court enters a temporary injunction restraining either parent from leaving the state of Colorado with the children. From you question you don't indicate whether or not a divorce has been filed and served on your wife. If no divorce has been filed and served then either party is free to leave anytime as there are no court orders restricting either parties right to travel. It would be advisable to speak with an attorney about this issue, if she did leave the state of Colorado, complex jurisdiction statutes come into play about specific time frames regarding where a divorce can be filed, and whether or not Colorado still has jurisdiction.
A: In Colorado Parental Responsibilities are split into two pieces; parenting time and decision making. Parenting time is exactly what it sounds like it is the court ordered time a parent spends with the child. Decision making deals with who will make the major decisions in a child's life such as school, major medical, and religion. There is no standard parenting schedule in Colorado, parenting time is to be decided in regards to the best interest of the child in which the court will weigh 14 factors in determining a parenting schedule for each parent if the parents cannot agree on a schedule for the child.
A: There are two flavors of menacing in Colorado, misdemeanor, and Felony. Both require that the Defendant place the alleged victim in fear of imminent serious bodily injury, and only becomes a felony if the defendant uses a weapon real or simulated weapon to cause fear of serious bodily injury. When you indicate in your question would the testimony of one witness be enough to convict, I assume you mean the alleged victim of the menacing charge. The standard in any criminal case, is proof beyond a reasonable doubt. If the prosecution were able to secure the alleged victim for trial and they testified to the elements of the crime of menacing, yes the prosecution would be able to present to the
jury a prima facia case for Menacing. However, is that proof beyond a reasonable doubt for a jury to convict? Many other factors must be considered by a skilled criminal defense attorney, does the alleged victim's story have any corroboration? Was the witness credible? A criminal defense attorney will help you navigate this complex situation. ... Read More