In Weld County, Domestic Violence cases involve more than just criminal charges. One issue that frequently arises after an arrest or the entry of a protection order is a civil assist. While civil assists are meant to keep the peace, misunderstandings about what they allow can quickly lead to additional criminal charges.
If you are facing a Domestic Violence case in Greeley, Evans, Windsor, Johnstown, Firestone, Frederick, Milliken, Eaton, Severance, or elsewhere in Weld County, it is important to understand how civil assists work and how they can affect your case.
What Is a Civil Assist in Weld County?
A civil assist occurs when law enforcement is present to ensure safety while a person retrieves personal belongings or completes a limited task authorized by the court. Officers are not there to resolve disputes or determine ownership of property.
In Weld County Domestic Violence cases, civil assists commonly occur after:
- A Domestic Violence arrest
- Issuance of a mandatory protection order (MPO)
- A no contact or restraining order
- A court order requiring one party to leave a shared residence
Civil assists are typically short, closely monitored, and strictly limited in scope.
Why Civil Assists Are Common in Weld County DV Cases
Colorado law requires a mandatory protection order in every Domestic Violence case, regardless of the seriousness of the allegations. These orders often prevent contact between the parties and may require one person to vacate a shared home.
As a result, civil assists are often used so a person can:
- Retrieve clothing or personal items
- Collect medication or medical equipment
- Pick up work-related tools or documents
- Obtain essential belongings without confrontation
The purpose is safety, not convenience.
What Weld County Law Enforcement Can and Cannot Do During a Civil Assist
During a civil assist, Weld County law enforcement officers may:
- Remain present to prevent conflict
- Enforce the terms of the protection order
- Limit the amount of time inside the residence
- Restrict what items may be taken
However, officers generally cannot:
- Decide ownership of disputed property
- Allow communication beyond what the order permits
- Modify a protection order
- Mediate disagreements
Violating the terms of a civil assist or protection order, intentionally or not, can result in new criminal charges.
Common Mistakes During Civil Assists
Individuals involved in Weld County Domestic Violence cases often make mistakes such as:
- Speaking directly to the protected party
- Taking items that are not clearly personal
- Staying longer than allowed
- Returning to the residence without authorization
- Attempting to negotiate or argue
Even small missteps can result in charges for Violation of a Protection Order, which is a separate criminal offense.
How Civil Assists Can Impact a Weld County DV Case
What happens during a civil assist may be documented by law enforcement and later reviewed by prosecutors. Allegations of noncompliance or intimidation can negatively affect:
- Bond conditions
- Protection order hearings
- Plea negotiations
- Sentencing decisions
Civil assists may also intersect with divorce, custody, or other family law proceedings.
If you’ve been charged with a DV crime and are dealing with a civil assist, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
Photo by Vlada Karpovich