When the Fort Collins Police are called for a domestic violence allegation, an arrest is always made. This means, unfortunately, you get no warning or preparation time before being taken into custody. When you are released from jail, you will only have the clothes and items you came in with, which may leave you standing outside the Larimer County Jail in your pajamas without any money or a cell phone. Fortunately, there is a provision of the domestic violence law, which allows you to go to your residence to obtain some necessary items like clothing, medications, and anything you may need for work, despite your protection order. This is called a Civil Assist.
Fort Collins Domestic Violence Attorney: What is a Domestic Violence Civil Assist?
A Domestic Violence Civil Assist is a process where anyone accused of a domestic violence offense requests police accompaniment to their home to collect their belongings. By having the police come to your house with you, you will not be violating the mandatory protection / restraining order issued with your arrest.
It is important to note, police presence does not guarantee you will be able to take all your belongings. If your accuser is at the home and contests you taking certain items, even those jointly owned, you will not be able to take them. There will be no discussions allowed. If the ‘victim’ says “no” then the item stays.
Larimer County Domestic Violence Lawyer: What Role Do the Police Play in a Fort Collins Domestic Violence Civil Assist?
The Fort Collins, Boulder, and Loveland Police are not mediators during a Civil Assist. They will not take the time to figure out whose property belongs to whom. Because of this, it is their policy to not let anything questionable leave the house. So, if the ‘victim’ claims that the television belongs to them or to you both, you will not be taking the TV.