If your spouse or significant other has filed for a county court restraining order, a temporary injunction has likely entered.  By law, the return date must be set no later than 14 days after the civil temporary restraining order and citation.  In El Paso County, final orders hearing on permanent injunction is scheduled approximately 10 days after the initial filing.  If the parties are both present and each agree to continuance, upon good cause shown the court may continue the temporary restraining order and final orders hearing for a period not to exceed 120 days.  Absent the other party's consent, upon good cause shown each party (including defendant) may request one continuance up to 14 days.  

        If plaintiff or counsel will not agree to continuance, the defendant must litigate on a very short notice fuse.  Insufficient time exists for adequate hearing preparation - counsel must absolutely scramble.  To prepare for final orders hearing, need for priority assignment to a PRO case would be common.  That means counsel must have the ability to devote attention to the PRO case to the exclusion of other clients' cases.  Depending upon an attorney's caseload and court calendar, that may or may not be possible.  If the attorney's trial calendar permits, you will make your attorney, private investigator and process server very busy very quickly.  I count on lack of consent to continuance and prepare for hearing as scheduled or decline the case.  

        Regarding an overview of trial preparation, see attorney's role and assistance.

        No Criminal Charges Pending.  If no criminal charges are pending, the defendant may testify at the PRO hearing, however that carries the danger that statements may be used against defendant if criminal charges are later initiated.  Whether to testify or not is defendant's decision.  Absent current criminal charges, I would use testimony of defense witnesses.

        Criminal Charges Pending.  If the defendant has criminal charges pending, 
        1.  I advise my client not to testify at the civil injunction hearing.  A transcript of testimony would be available for use against the defendant in the criminal trial.  Absent testimony from the defendant, chances are high that the restraining order will enter.  That may seem unfair, but it's a reality.  Whether to testify or not is defendant's decision.  
        2.  I may, but am reluctant to call defense witnesses at PRO hearing.  The trial date is so quick in a PRO hearing that adequate time for preparation is not available.  If the witness' later recalls a different fact, event or circumstance which may be offered at the criminal trial, but was not given in testimony at the PRO hearing, that testimony or evidence would be subject to impeachment at the criminal trial.  Typically after initial investigation, I would confer with my client regarding the risks and this particular trial tactical decision.
        3.  The primary purpose of representation at the restraining order hearing is an opportunity to cross examine the alleged victim under oath, and obtain statements for use in the criminal trial.  A transcript of the PRO hearing will be ordered and can be used for impeachment of the alleged victim at the criminal trial.
        4.  If a defendant later obtains a not guilty verdict or dismissal of criminal charges within six (6) months of the permanent injunction, defendant may file an action to set aside the injunction alleging fraud or misrepresentation by the victim.  The motion would be based upon variance of testimony between the proceedings.  My experience is that such motions for relief are futile.
        5.  Under domestic violence criminal court "fast track" procedures, the criminal trial will be set 60 days from the advisement, which is usually held the next business day after the alleged offense.  If plaintiff will agree to a continuance of 120 days in the civil suit, criminal jury trial will likely be concluded.  
                a.  If a not guilty verdict has been entered, the civil court can take judicial notice of the not guilty verdict, however the burdens of proof are different.
                b.  If a not guilty verdict has been entered, plaintiff may "lose steam" and dismiss the civil injunction.
                c.  Transcript from the criminal trial could be used for impeachment in the civil case.

        It has been my experience that if the court is to error, it will be on the side of caution with entry of a permanent restraining order (PRO).  While unfavorable to any defendant, that makes common sense.  If a PRO were denied and the alleged victim were to be shortly thereafter, seriously injured or killed, that would subject the court to a high degree of publicity.  Put simply, this is an uphill battle.

REVIEW
COUNTY COURT MAGISTRATE ORDERS OR JUDGMENTS
C.R.M. 9
generally relevant to domestic abuse restraining orders 
entered under domestic abuse statutory authority

        (a) An order or judgment of a county court magistrate shall be the order or judgment of the county or small claims court.

        (b) Any party to a proceeding before a county court magistrate shall appeal an order or judgment entered by the magistrate in that proceeding in the manner authorized by statute or rule for the appeal of orders or judgments of the county court.

Ok, so I can't ask for a judge to review the magistrate's ruling, but must ask for a new trial or appeal.
What's that mean & how quickly must I do that?

County Court New Trials & Amendment of Judgments
C.R.Civ.P. 359  
Refer to the above link
Filing time limit - 15 days from date of order

Relief from Judgment or Order
C.R.Civ.P. 360 
Refer to the above link
(a) Filing time limit clerical mistakes - may be corrected at any time
(b) Filing time limit mistake; inadvertence; surprise; excusable neglect; fraud; etc. - 
Reasonable time - not to exceed 6 months

Appeal from County Court to District Court
C.R.Civ.P. 411 
Refer to the above link
Filing time limit - 15 days from date of order

Bear In Mind
Harmless Error - C.R.Civ.P. 361

        No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the court or by any of the parties is ground for granting a new trial or for setting aside a verdict or for vacating, modifying, or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.

REVIEW
DISTRICT COURT MAGISTRATE ORDERS OR JUDGMENTS
C.R.M. 7 
Refer to the above link
generally relevant to restraining orders entered in divorce or paternity actions

"WITHOUT CONSENT"

"WITH CONSENT"

        If the restraining order or denial of a restraining order was entered by a district court magistrate with the consent of the party seeking review, the order is not subject to review by the district court. It would then be subject to appeal to the Court of Appeals under the Colorado Appellate Rules (C.A.R.) as any other order of the district court. That’s expensive - if you want a district court judge rather than a magistrate to rule on the matter, don’t consent.

        a.  Authority.  
                1.  Pursuant to CRS 13-14-102(13, a person failing to comply with any domestic abuse restraining order issued pursuant to CRS 13-14-101 et. seq. shall be found in contempt of court or may be prosecuted for violation of a civil restraining order pursuant to CRS 18-6-803.5.
                2.  Violation of a restraining order can be enforced by contempt of court 
                        C.R.Civ.P. 107 and CRS 14-10-118 - maximum 6 months jail and/or maximum $500 fine

        b.  Preliminary Proceedings.  Since incarceration (jail) is an option, in accord with Constitutional protections, the Court will advise the obligor of his / her rights.  Additionally, the Court may require mediation through the Office of Alternate Dispute Resolution - ADR - Mediation prior to final orders hearing.   Refer to the mediation link for additional information.  Mediation is less likely in restraining order contempt proceedings than in other types of contempt, such as non-support enforcement.

        c. Evidence.  Evidence must be presented of the contemnor's act which violates the court order.  This may take the form of testimonial evidence from victim, witness, law enforcement officers, medical provider or admission by contemnor.  Evidence may be direct or circumstantial.  Witnesses may be placed under subpoena and subpoena duces tecum may enter for production of tangible evidence such as phone records or any other physical evidence.  It is the protected person's burden to establish that the restrained person failed to comply with the restraining order.

        d. Criminal contempt.  The protected person has the burden to establish that the restrained person had the ability to comply with the court order, and willfully failed or refused.  Once evidence of violation is established, ability to comply is generally not difficult - the burden was merely to refrain from some voluntary act.  The court may take judicial notice of the restraining order which identifies the prohibited act.  Upon a finding of criminal contempt, to vindicate the dignity of the Court, the judge may sentence the obligor to a term certain not to exceed 6 months county jail and / or $500 fine.  Criminal contempt is the most likely remedy when enforcing a restraining order.  If jail is required to impress upon the restrained person that he / she must obey the restraining order, education is appropriate.

        e. Civil contempt.  The protected person has the burden to establish that the restrained person has the current ability to comply with the court order, and is currently willfully failing or refusing.  Upon a finding of civil contempt, the judge may sentence the obligor to an indefinite term until the obligor complies with the order.  This is known as "he who holds the keys to the jailhouse door."  This particular remedy is better suited to non-support contempt of court enforcement, and is unlikely in restraining order enforcement.

        Pursuant to Colorado law, a central registry identifying domestic abusers is maintained by the Colorado Bureau of Investigation (CBI) in Denver.  When a domestic violence injunction (restraining order) has entered or a domestic violence criminal conviction, a person is identified and tagged with the case number and location.  In a domestic disturbance call, once the parties are identified law enforcement officers immediately check the CBI central registry.  If your name pops up, guess who is likely to be charged in a new investigation?  Same song, second verse except the jury potentially hearing about a prior.  The Department of Human Services (DHS - formerly DSS) maintains a statewide identification central registry of all reported child abuse.  These records have major impact upon a person's future, not only pertaining to potential future criminal charges, but possibly affecting education or employment opportunities.  Jury trial is likely a criminal defendant's only alternative to pleading guilty or accepting an offer which leaves the person vulnerable.

        If a person is convicted of a crime of domestic violence, or if a civil domestic abuse restraining order (injunction) enters against a person, firearm or ammunition ownership or possession becomes a thing of the past.  Federal law prohibits.  Also, with a domestic violence conviction or a domestic abuse restraining order, in addition to possession or ownership, attempting to purchase a firearm or ammunition is a federal felony.  See federal statutes 18 U.S.C.A. §§ 921, 922 et. seq.  If firearms or ammunition are required for present or future employment, say good-bye.  At present it appears to this attorney that a deferred sentence to a domestic violence crime with subsequent dismissal does not impact firearm or ownership purchase, ownership or possession.  Check with a gun dealer or the local sheriff's office.

        Forty-six-month sentence for possession of a firearm while under a domestic violence restraining order upheld. United States v. Baker, 197 F.3d 211, 217 (6th Cir. 1999)

        Upon entry of a domestic abuse restraining order, if a person in employed of seeks employment in an occupation which requires firearms, such a law enforcement, a new career choice would be in order.  That would also apply to any field in which the employee is a care giver and could potentially apply to any employment occupation wherein a background check is conducted.

        Finally, it would not be uncommon for a person to run a background check on a prospective new mate.  Identification as a domestic abuser and an active domestic abuse restraining order would not be the first choice for character reference.

DOMESTIC VIOLENCE CRIMINAL CHARGES

        Restraining orders are available under the Colorado Rules of Civil Procedure in circumstances which do not involve an intimate relation and do not involve domestic abuse or domestic violence.

County Court C.R.Civ.P. 365
County Court restraining orders enter for one of two purposes:

1. Assault
           a. Plaintiff files suit alleging defendant has assaulted, attacked, beaten, molested, or threatened the life of the plaintiff, or threatened to do serious bodily harm to the plaintiff.
           b. Security (bond) may be required
           c. A temporary restraining order may enter before final hearing.
           d. At hearing, if the court finds that the defendant has committed acts identified above and that unless restrained and enjoined will continue to engage in such acts, the court will enter a permanent restraining order.
           e.  Every order granting an injunction and every restraining order must set forth the reasons for its issuance; must be specific in terms and must describe in reasonable detail the restrained act(s).
           e. Upon the consent of all parties, the court may direct that the order be a mutual, permanent restraining order. This provision is distinct from domestic abuse restraining orders which may to be made mutual.

2. Restrictive Covenants on Residential Real Property
           a. Plaintiff files suit alleging defendant has violated a restrictive covenant on residential real property, and that immediate and irreparable injury, loss, or damage will result to the plaintiff unless a restraining order enters.
           b. Security (bond) may be required
           c. A temporary restraining order may enter before final hearing.
           d. At hearing, if the court finds that the defendant has committed acts identified above and that unless restrained and enjoined will continue to engage in such acts, the court will enter a permanent restraining order, which may prohibit an action or make an action mandatory.
           e.  Every order granting an injunction and every restraining order must set forth the reasons for its issuance; must be specific in terms and must describe in reasonable detail the restrained or mandatory act(s).

District Court C.R.Civ.P. 65
District Court restraining orders enter primarily to abate a nuisance or provide equitable relief

1.         Plaintiff files suit alleging defendant has violated a restrictive covenant on residential real property, and that immediate and irreparable injury, loss, or damage will result to the plaintiff unless a restraining order enters.

2.         Security (bond) may be required

3.         A temporary restraining order may enter before final hearing, valid for ten days only, and upon application may be renewed for an additional ten days.

4.         At hearing, if the court finds that the defendant has committed acts identified above and that unless restrained and enjoined will continue to engage in such acts, the court will enter a permanent restraining order, which may prohibit an action or make an action mandatory.

5.         Every order granting an injunction and every restraining order must set forth the reasons for its issuance; must be specific in terms and must describe in reasonable detail the restrained or mandatory act(s).

6.         C.R.Civ.P. 65 does not apply to suits for dissolution of marriage, legal separation, maintenance, child support, or custody of minors. In such suits, the court may make prohibitive or mandatory orders, without notice or bond, as may be just.

SEALING CIVIL RECORDS

        The court previously decided legal custody (decision making), physical child custody (where a child lived) and visitation ( the schedule upon which the non-custodial parent was entitled to see a child) based upon the best interest of the children.  In effort to eliminate the idea that children are items to be awarded in a divorce, terminology has changed.  Custody and visitation no longer exist in Colorado except as is required for tax exemptions.  CRS 14-10-131.7

        The court in a restraining order case does not have jurisdiction (power) to address the issues of allocation of parental responsibilities and parenting time; the issues may not be raised in this type of a proceeding.  For an order to enter regarding allocation or parental responsibilities or parenting time, a dissolution of marriage, legal separation or paternity case must be filed.  Refer to links for information.

        Because decisions must be made quickly regarding children, the court in a restraining order case does have jurisdiction (power) to and will address the issue of children's temporary care and control for a period of not more than 120 days.  Refer to the link.  This allows sufficient time to file a dissolution of marriage, legal separation or paternity case.

CHILD SUPPORT

        The court in a restraining order case does not have jurisdiction (power) to address the issue of child support.  the issue may not be raised in this type of a proceeding.  For a child support order to enter, a dissolution of marriage, legal separation or paternity case must be filed.  Refer to links for information.

"PALIMONY" OR MAINTENANCE

        The court in a restraining order case does not have jurisdiction (power) to address the issue of family support.

        If the parties are married, either party may file for dissolution of marriage, legal separation and seek spousal maintenance in that case.

        If the parties are not married, neither may file any lawsuit for support from the other - aka "palimony."  Spousal maintenance does not exist in Colorado unless the parties were married by common law marriage or statutory marriage (judge or clergy ceremony).  "Palimony" or maintenance support between non married cohabitating partners is therefore unavailable in a paternity action.  If the parties cohabitated, there is a legal theory for partner support based in contract law.  The landmark case is Marvin v. Marvin, 18 Cal.3d 660 (1976).  While the actor Lee Marvin's case has been cited in two Colorado cases - Salzman v. Bachbrach, 996 P.2d 1263, 1267-1268 (Colo. 2000) (see property above) and In re Estate of Lewis, 652 P.2d 1106, 1108 (Colo. App. 1982), "palimony" has not been adopted in Colorado to this attorney's knowledge.

PROPERTY AND RESIDENCE
E.T. LEAVE HOME
( and don't bother to phone or you go to jail )

        The court in a restraining order case or paternity case does have jurisdiction (power) to and will address the issue of one party vacating a common residence.  The restrained person must vacate the common residence immediately upon service of the temporary restraining order.  The restrained person, when accompanied by a law enforcement officer, may remove a few necessary personal effects necessary to survive pending final orders hearing.  Refer to link for information.

Property - Married Persons

        a.  Real Property.  If the parties are married, either party may file for dissolution of marriage, legal separation and in that case either party may request an order for exclusive possession of the family residence at temporary orders hearing and may request sale or other disposition at final orders hearing.  One party may be required to wait until final orders hearing to divest the other party of possession.  A mandatory waiting period of 90 days exists in dissolution of marriage; finalization may take several months.  If a divorce is coming, the excluded party is well advised to commence the dissolution of marriage proceedings and timely pursue the case to final orders.

        b.  Personal property is similar.  Usage of some may personal property may be obtained at temporary orders hearing in a dissolution of marriage, but full division will await final orders hearing.

Property - Unmarried Persons

        Property is a totally different circumstance if the parties are not married.

        a.  Jurisdiction
                1.  The county court in a domestic abuse restraining order action does not have jurisdiction to order possession or division of real property or personal property.
                2.  The juvenile court in a paternity action does not have jurisdiction to order possession or division of real property or personal property.

        b.  Shared Residence
                1.  Residence owned by party in possession.  If the residence is owned by the party in possession, no dispute exists with respect to possession.  Possession follows ownership.
                2.  Residence owned by excluded party.  If the restrained person owns the residence and the protected person has no ownership claim (shack job), the protected person may initiate a separate forcible entry and detainer lawsuit pursuant to CRS 13-40-101, et. seq..  However, the restrained person shall not be entitled to return to the residence until such time as a valid writ of restitution is executed, filed with the court issuing the restraining order, and the restraining order is modified accordingly. CRS 13-14-102(8)(c)  Put another way - if the restrained person has sole ownership of the residence, the protected person may have exclusive use of the home.  The restrained owner is not permitted back into his / her home until an FED order has entered and the temporary or permanent restraining order has been modified.  What a bummer.
                3.  Excluded party made contributions toward residence.  If the excluded party without ownership interest (title) contributed to the purchase or debt amortization of the property and claims some entitlement and the parties are unable to agree upon division, a separate lawsuit should be brought in District Court - unjust enrichment, joint venture or analogous to dissolution of a partnership seeking distribution of partnership assets.  This type of lawsuit is founded in contract law, and the excluded party must overcome a foreseeable argument that contributions constituted rent or a completed gift.
                4.  Jointly owned residence.  Similar to ¶(b)(3), if the parties are unable to agree upon division, a separate lawsuit should be brought in District Court - unjust enrichment, joint venture or analogous to dissolution of a partnership seeking distribution of partnership assets.  This type of lawsuit is founded in contract law.

        c.  Personal Property, Including Motor Vehicles
                1.  Separate property divided.  If each party has received his / her personal property, no dispute exists with respect to possession.  Possession follows ownership.
                2.  Separate property retained by other party.  If the personal property has not been divided:
                        a.  Communications
                                1.  The restrained person may not contact the protected person for any reason, including property distribution.  Counsel may do so.
                                2.  If the protected person contacts the restrained person for any reason, including property distribution, the protected person risks invalidating the restraining order or creating a defense to contempt or prosecution.  Counsel may contact the restrained person.
                        b.  If the other party is unwilling to make distribution of personal property claimed by the other, the person claiming ownership may initiate a separate replevin or trover lawsuit pursuant to C.R.Civ.P. 104, 404, CRS 13-6-403, CRS 13-16-106, CRS 13-80-101.  Trover for a horse.  However, the restrained person shall not be entitled to possession of the property until a the sheriff has executed upon a valid replevin order.  Put another way - if one party will not give the separately owned personal to the rightful owner, separate lawsuit is required to recover the disputed property or money damages.  What messes people can create.
                3.  Non-owning party made contributions toward personal property.  If the party without ownership interest (title) or without possession of untitled property contributed to the purchase or debt amortization of the property and claims some entitlement, and if the parties are unable to agree upon division, a separate lawsuit should be brought in District Court - unjust enrichment, joint venture or analogous to dissolution of a partnership seeking distribution of partnership assets.  This type of lawsuit is founded in contract law, and the non-owning or non-possessing party must overcome a foreseeable argument that contributions constituted rent or a completed gift.
                4.  Jointly owned personal property.  Similar to ¶(c)(3), if the parties are unable to agree upon division, a separate lawsuit should be brought in District Court - unjust enrichment, joint venture or analogous to dissolution of a partnership seeking distribution of partnership assets.  This type of lawsuit is founded in contract law.

                a.  If the parties cohabitated and personal property has not been divided, do so immediately. 
                b.  When you make division of your personal property, divide as much as possible, and make one move.  Disagreements are caused when one of you continually contacts the other requesting minor items of personal property. Identify those items on which you disagree; your attorney will negotiate or a court hearing may be necessary.  The goal is to identify & minimize those items which are contested.  Don't sweat the small stuff; be flexible without giving up important matters.  If you take petty personal property issues to hearing in a separate civil case, a judge could easily order all property to one party or the other, or could order property sold at public auction and division of proceeds.  Remember, attorney's fees and litigation costs may exceed the value of the property.

        d.  Unmarried Cohabitation.  It is this attorney's understanding absent common law marriage or statutory marriage (judge or clergy ceremony) or contribution and unjust enrichment, neither party acquires any right in or to property of the other unless by contract (express or implied) which would be scrutinized as under standards of Salzman v. Bachbrach, supra.  Colorado does not have "marital property or community property" law with reference to mere cohabitation by unmarried persons.

See Salzman v. Bachbrach, 996 P.2d 1263 (Colo. 2000)
        Where past, present, and future sexual relations were the sole consideration for the original delivery of a thing of value, the contract mirrors a contract for prostitution which is immoral, unlawful and void.  Neither law nor equity will aid either to enforce, revoke or rescind.  Id at 1266 - 1267.
        Non-married cohabitating couples may legally contract with each other so long as sexual relations are merely incidental to the agreement.  Couples may ask a court for assistance, in law or in equity, to enforce such agreements.  Id at 1267 
        Cohabitation and sexual relations alone do not suspend contract and equity principles. We do caution, however, that mere cohabitation does not trigger any marital rights.  A court should not decline to provide relief to parties in dispute merely because their dispute arose in relationship to cohabitation. Rather, the court should determine as with any other parties whether general contract laws and equitable rules apply.  Where sexual relations with the other cohabitating partner are not the sole motivation, cohabitation does not bar suit in equity.  Id at 1268 - 1269

        e.  Untangle Co-Mingled Finances.  If you co-mingled your finances, advice in divorce cases still stands - close all joint accounts and separate your finances as best as possible without separate lawsuit court intervention.

        1.  Close all joint charge accounts immediately. Notify creditors by certified mail that you will no longer be responsible for future debt incurred by the other parent.  Send creditors one-half of the charge card of the parent who will no longer have charge privileges, or close the account entirely if need be.  This includes utilities and checking accounts as the other parent may write bad checks.  Closing joint liabilities is simply good business and eliminates possible disagreement later.  It may be uncomfortable to discuss this with the other parent immediately.  You may believe excessive charging to be out of character for the other parent.  You may fear the finality this seems to bring.  Do it anyway & do it now - attorneys see this problem frequently.  Close all joint accounts immediately. ...twice written intentionally.
        2.  Close all joint savings accounts, and divide the proceeds fairly.  If you anticipate problems, transfer the proceeds to a savings account in your name only, and hold (not spend) the proceeds until final disposition can be made.  It is easier to give the money to the other parent than to ask for it back.  This office recommends immediately after you have withdrawn the money, you convert the new savings account to an account where withdrawal is possible only upon the signature of both you and the other parent; check with your bank for availability.  Protect your savings.

        f.  Physical Separation.  If cohabitating, there is no pleasant or enjoyable way to physically separate. If necessary, either party may hire an off duty police officer to be present and keep the peace while household goods are being physically moved. You may attempt to hire an off duty law enforcement officer by calling the Colorado Springs Police Department or the El Paso County Sheriff's Office.  No officer will participate in deciding who may take or keep individual items, the officer will merely keep the peace. Plan on $50+ minimum. To provide for an efficient and rapid move, make certain sufficient manpower, truck space, dollies, pads, etc. have been arranged in advance.

        g.  Common Sense.  Attorney's fees and costs may exceed the value of the property.  Also, in the event of property litigation, dispute between the parties is not over.  Peace is benefit in and of itself.  Sometimes it is appropriate to write off an asset or loss, and chalk it up as a bad experience.  Bear in mind, you chose to enter into the relationship.

1. Such video or photographs are not unlawful so long as taken by and between consenting adults for their own use and not disseminated to third persons without consent.  If they exist and you are separating, destroy the images in the presence of each other so you will both be satisfied of the destruction.

2. If either party is making threats of prosecution or civil litigation:
        a. The first issue is whether from the camera angles it is apparent the photographs were taken with the camera in plain view, not hidden.  The image will evidence whether the photo or video shot was surreptitiously taken, or taken in full view with knowledge and consent of the subject.  The image itself will usually be evidence the subject was a willing participant, and that the image(s) were taken at his or her request or with consent.
        b. 1.  Do not show the images to any third person, or post on the internet.
            2.  If it is evident from the images that they were created with equipment in plain view, the originals or a copy should be maintained in an evidence locker of an attorney or a private investigator retained by an attorney.
            3.  If it is evident from the images that they were created with equipment surreptitiously placed (a "hidden camera"), unless you plan to make full disclosure or charges have been filed and the images have been previously seized, neither advise me of the existence of such images nor provide the evidence to me.  Refer to the Client Warning Notice which applies to all attorneys.  Additionally, any advice regarding evidence of a crime this would create an evidentiary ethical dilemma for any attorney - "the smoking gun" as it were.
        c. Criminal charges may be filed if such pictures, images or video are taken without the knowledge or consent of the subject.  Unlawful sexual contact - sex offense - registered sex offender - serious.  Refer to links for information.
        d.  Make no statements to any third person, including but not limited to law enforcement agents. If relevant, consult counsel immediately.
        e.  The DA Office does prosecute cases of this nature.