Greeley Civil Standby / Assist in Domestic Violence Cases
When the Greeley police are called about a Domestic Violence case, they will always make an arrest. Even if there is no physical evidence of abuse or violence, someone will still be cuffed. Additionally, a mandatory Protection Order will be put in place by a Weld County Judge or Magistrate. Once the accused has been released from the Weld County Jail, they often don't have any clean clothes, money, or even a cell phone. Because of the Protection Order, the accused can't go home to get their necessities. Luckily, the law understands this issue and provides a one-time exception, called Civil Standby or Civil Assist. This allowance enables you to return home to collect and retrieve any essential items that you need for daily life and for work.
How does a Civil Standby / Civil Assist Work in my Domestic Violence Case in Weld County?
In Weld County, the court must authorize the Weld County Sheriff's Office or the Greeley Police to provide a Civil Standby. They will not do it without the authorization. So if you're accused of domestic violence, you need to ask the court for a Civil Standby Assist.
Once you have been approved for a Civil Assist / Standby, a police officer or Sheriff deputy will accompany you to your home. They will monitor you and what you take. Because an officer is present with you, it is not a violation of the mandatory protection order for you to be there. But, your ability to return home with an officer, while under the protection order, is only available to you once.
Furthermore, if the 'victim' of the situation is there, they can control what you're allowed to take. Even when you attempt to take something that is solely yours, if the victim says 'no,' the officer is likely to say 'no' too. So, if the 'victim' is there, you will not be guaranteed to take anything and everything you need.
Berthoud and Erie Police Will Not Mediate Between You and the 'Victim' During a Civil Standby / Assist
When you enact your Civil Standby / Civil Assist, Berthoud and Erie police are there to monitor you. They are not there to mediate between you and the alleged victim. They are not investigating, they don't have the time, or the resources to see which items officially belong to whom. If the 'victim' claims the item is theirs, the cop will agree that you cannot take it.
We have seen accusers use this to work for their interests. They will claim items just to make the life of the accused more difficult. They know there won't be pushback from the officer on anything they declare, so they use that to their advantage and lie freely. Unfortunately, it can be easy to abuse the law for personal gain, and that is why you need trusted and experienced domestic violence attorneys to protect you and defend the truth in court.