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COLORADO SPRINGS TRIAL LAWYER
experienced and professional attorney - 30+ years
private practice in Colorado state and
municipal courts |
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ROBERT D. GUSTAFSON |
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ATTORNEY AT LAW
6538 Charter
Drive
Colorado Springs, CO 80918-1335 |
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Phone (719)
260-1002
Fax (719) 260-1003 *
Toll Free (800) 410-1002 |
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Page Index |
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SEALING
COLORADO CIVIL LAWSUIT COURT RECORDS
Sealing Civil Court Records -
Colorado Springs - Domestic Abuse Restraining Orders
Colorado Springs, El Paso County, Colorado
Pikes Peak Region * Surrounding Colorado
Counties * Southern Colorado * Front Range *
Continental Divide * Eastern Plains |
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representation inquiries are invited & welcome
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public questions seeking free
advice or information declined
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consultation terms |
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attorney does not accept
installment payments
* full payment
is due at the time attorney is retained * major charge cards
accepted |
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sealing, civil court, court, records, sealing court records,
sealing records, domestic abuse, restraining orders, nuisance forfeiture,
nuisance, forfeiture, prostitution, drugs, gambling, Colorado Springs,
Colorado, El Paso County, courts, court, lawyer, attorney
SEALING CIVIL COURT
RECORDS
GENERAL
INFORMATION |
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The most common causes giving rise to a client requesting that
civil court records be sealed:
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Domestic abuse
restraining orders
a. Client is the alleged
perpetrator
b. Permanent restraining orders
did not enter
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Family law
matters -
dissolution of marriage,
legal separation,
annulment,
adoption
or paternity
Client wishes to exclude the
public from access to information client considers private.
Adoption and paternity cases are
filed in juvenile court, which records are not subject to public access absent a
court order. Sealing is not required to protect private information.
In a case of
dissolution of marriage,
legal separation,
declaration of invalidity, (annulment), the issue has been decided. Even upon joint request by husband and wife,
unless there are unusual circumstances beyond that of the "average"
divorce, the court will not seal the case. In re the Marriage of Purcell,
879 P.2d 468 (Colo. App. 1994) However, pursuant to local rule in El Paso
County, family law case financial affidavits are routinely sealed in the court
file.
If a valid
domestic abuse
restraining order presently exists, in this attorney's opinion the
court will not seal the court file or
CBI
Central Registry.
The balance of this web page
pertains to sealing civil court records and the
CBI
Central Registry regarding
domestic abuse
restraining order cases which have been filed, but permanent
restraining order failed to enter or the restraining order has been vacated.
SEALING CIVIL COURT
RECORDS
FILING -
NOTICE
e-Filing
- court mandatory requirements |
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Statutes exist regarding request
to
seal criminal justice
records - a separate civil suit is initiated.
Sealing civil court records is
governed by common law (caselaw) and C.R.Civ.P, 121 §1-5 Limitation of Access
to Court Files - this is a rule of civil procedure. A request to seal
civil court records is commenced in a fundamentally different manner than
sealing
criminal justice records. In civil cases the party seeking the
sealing order simply files a motion within the pending civil case. It
would also be common to file a brief advising the court of the relevant caselaw.
If the request is made during the pendency of the case, or immediately
upon entry of final order on the merits, personal service of process upon the
opposing party is not required. Mailing a copy to the last known address
of the opposing party or counsel is sufficient. If the sealing issue were
not reserved at final orders hearing and motion filed shortly thereafter, this
attorney would personally serve the opposing party to avoid any due process
arguments.
SEALING CIVIL COURT
RECORDS
HEARING - CRITERIA
FINAL
SEALING ORDER |
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Hearing is substantially similar to hearing in a complaint to
seal criminal justice records. The burdens
upon the proponent are similar.
A trial court may limit access to court files upon motion of any party and upon
finding that the harm to the privacy of a person in interest outweighs the
public interest. Common law provides for a balancing testing between individual
privacy concerns, public safety, public interest of free access, and public
interest in fair and just operation of the court system. The balancing of the
factors for and against access is a decision committed to the discretion
(judgment) of the trial court.
The burden of proof in that balance to establish that the harm to privacy
interest outweighs the public interest in the openness of court files falls upon
the proponent of the sealing order. Whether to seal a court file is a complex
legal issue because sealing vs. open records evokes constitutional access to the
courts as a protection for our freedoms. Although not impossible, sealing is an
uphill battle for there is a strong presumption in favor of open courts. This
issue is similar to "gag" orders and open vs. closed courtroom - public access
to proceedings.
If the Court rules favorably to seal, the issue remains what portion of the
record should be sealed to tailor the order to serve the privacy interests. In
domestic abuse
restraining order cases, due to the fact a mere allegation raises
the specter of severe consequences, it is this attorney's position that the
entire court record and all CBI central registry domestic abuse records must be
sealed to protect the client. Mere disclosure of domestic abuse allegation
litigation may be sufficient to inflict harm.
Major tobacco companies, major banks, celebrities, rape victims, law enforcement
agencies, governmental officials and others have brought litigation involving
settlement or other privacy claims involving societal concerns in an attempt to
maintain privacy. Electronic and print news media have been active in litigating
access to court records. As you might well imagine, news media have been
aggressive proponents of open courts / records, and they have the financial
resources to create appellate opinions. A plethora of cases exist at all levels
of federal and state courts.
Some of the issues or law which
may be addressed:
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C.R.Civ.P, 121 §1-5
Limitation of Access to Court Files
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CRS 24-72-201, et. seq.
Colorado Open Records Act
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Freedom of Information Act
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First and Fourteenth
Amendment Right of Access to Court Records
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Right of Privacy
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Inherent Power of the Court
to Seal Records and
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Common Law Right of Access to
Court Proceedings and Records
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Analogous Caselaw - Sealing
Criminal Records
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CRS 13-14-102 Civil
restraining orders. Domestic abuse restraining orders
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CRS 18-6-803.7 Central
registry of restraining orders - creation Domestic abuse central registry
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CRS 13-14-101 Definitions.
Abuse of the elderly, domestic abuse and stalking
SEALING CIVIL COURT
RECORDS
SEALING
ORDER
NOTICE |
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If sealing is granted, service of
the order is also similar to a case involving sealing of criminal justice
records. Again, the safest course is to personally serve a certified copy
of the sealing order upon each custodian of records - in a civil sealing case
that would be the
court clerk
and the
CBI
Central Registry. The major difference in service is that sealing civil
records involves fewer agencies to serve.
SEALING CIVIL COURT
RECORDS
SEALING
ORDER
EFFECT |
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Colorado does not expunge (shred,
burn or otherwise destroy) the court file. When sealed, the file (or the
relevant ordered portion thereof) is physically sealed with special tape which
includes written notice that the documents under seal may not be opened without
a court order. The tape is distinguishable - similar to the "police
line - do not cross" tape most people have seen on TV. If the file
itself is sealed, the court clerks will not give the file to a member of the
public without a court order.
SEALING CIVIL COURT
RECORDS
EVIDENCE
PRIOR BAD ACTS
SIMILAR TRANSACTIONS |
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Potential Uses of Unsealed Records & Importance to a Person's Future |
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Suits for
domestic abuse
permanent injunctions / restraining orders are unique from other
civil matters and exceed prospective injury to reputation which may be
contemplated in generic civil actions. Allegation of domestic abuse can carry
not only specific consequences, but stigma.
Potential consequences of open records.
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Identification as a
domestic abuser in the Colorado Bureau of Investigations
CBI
Central Registry.
If not purged upon dismissal,
central registry records may remain. Should law enforcement
again respond to a person's residence regarding a potential domestic
disturbance and the party is identified in the
CBI
Central Registry as a prior domestic abuser,
that fact alone nearly guarantees arrest regardless of the factual circumstances.
CRS
18-6-803.7
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Should a domestic violence criminal case be
subsequently filed, even an unrelated prosecution:
a. Filing of a prior
lawsuit for a domestic abuse restraining order may impact a prosecutor's
view of the pending criminal case and plea offer.
b. Attempted use of the offense in
any subsequent (later) prosecution for a separate offense - evidence
Under the theories of
common plan, scheme or
design, lack of mistake, guilty knowledge, intent, modus operandi,
identity, or motive, prosecutors may seek to introduce the prior
domestic abuse restraining order allegations into evidence, even if
dismissed. CRS
18-6-801.5
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Open records may affect the
ability to adopt, parental responsibility and parenting time in family
law cases.
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Open records may affect the
ability to gain or maintain employment, particularly in the health or personal care fields or if
carrying a weapon is required.
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Open records may affect application for higher learning education -
application may be impacted by records pertaining to an allegation of
domestic abuse seeking injunctive relief.
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Open records may affect housing. If a records check is run, landlords may deny tenancy out of concern for potential property
damage.
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Open records may affect the
ability to form future personal relationships. Prospective future mates
may run a records check.
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Open records may affect firearm acquisition. Background check is run to purchase a
firearm. Domestic abuse allegation may complicate or delay any such
application.
18
USC 921,
18
USC 922,
18
USC 2261,
18
USC 3563,
18
USC 3583
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Open records may affect application for concealed weapons permit. Record of domestic abuse
allegation may cause delay or denial of an application for concealed weapon
permit. Pursuant to CRS 24-33.5-412, when requested by a police chief or
sheriff, the CBI has the authority to conduct a criminal history check of an
applicant for a permit to carry a concealed weapon, including processing of
fingerprints, as provided in CRS 18-12-105.1(2). Said statute mandates a
sheriff or chief of police to make an inquiry, including a fingerprint
check, into the background of an applicant for a permit to carry a concealed
weapon to determine if the applicant would present a danger to others or to
himself or herself if the applicant is granted a permit.
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Open records may affect or delay issuance of a hunting license.
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Domestic abuse stigma is similar in nature to sexual assault allegations,
including special identification as a domestic abuser
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SEALING CIVIL COURT
RECORDS
UNSEALING RECORDS |
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A mechanism exists for
unsealing. Upon notice to all parties of record, and after hearing, an
order limiting access may be reviewed by the court at any time on its own motion
or upon the motion of any person. C.R.Civ.P. 121 §1-5(4)
Jurisdictions are split regarding
the burden pertaining to unsealing court records, in particular settlement
agreements. I believe the majority of jurisdictions place the burden to overcome
the open records presumption upon the litigant who sought and sealed records,
however the federal second circuit has placed the burden upon the litigant
seeking to unseal. Regardless of who bears the burden, unsealing is
unlikely, but once sealed does not guarantee forever sealed.
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SEALING CIVIL COURT RECORDS
DO I NEED AN
ATTORNEY? |
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Probably time to loosen the pocket book and
hire counsel. |
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Allegations of domestic abuse can have
very serious, long term consequences well beyond the civil litigation
itself. Sealing court records trespasses upon constitutional and
common law principles plus the fundamental notion of keeping government
from becoming secretive. You may retain my services or the
services of another attorney, but hire competent counsel. |
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FAMILY LAW PRACTICALITIES
refer to link for information regarding
approach to litigation and effect upon fees & costs |
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Please refer to
Document Management regarding format of documents provided
to attorney.
This could save you significant costs. |
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ATTORNEY'S
FEES
AND COSTS
SEALING CIVIL COURT RECORDS
Robert
D. Gustafson * Attorney at Law *
Colorado Springs, Colorado * Colorado Trial
Practice 30+ Years |
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At the time of the first
visit, a prospective client will be quoted
hourly attorney fees and estimated costs. The
hourly fee and initial trust deposit quotes will
be honored for a period of seven (7) days, after which quotes are subject to change
without notice if this office has not been retained. Attorney is a sole
practitioner with need to manage his caseload. Pending proposed client
acceptance and payment, retainer agreement proposals are subject to
withdrawal. Attorney reserves the right to decline any case.
Included in attorney's primary website is a
web page devoted to clear definition & understanding of free
first
consultation, fees and costs, retainer agreement and terms of
representation. Additional
information regarding fees & costs may be found via the links
following potential quotes.
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POTENTIAL
FEE QUOTE
SEALING CIVIL COURT RECORDS |
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Unless sealing civil court records is an ancillary matter included in a
flat fee of an underlying case, only an hourly fee structure would be
offered in sealing civil court records. Time expended determines fees.
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PAYMENT |
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Prior
to commencement of representation, the attorney will quote the amount requested
as a trust deposit against which attorney's fees and costs may be billed.
The requested trust deposit will be dependent upon the facts and circumstances
of your case.
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attorney does not accept
installment payments * full payment is
due at the time attorney is retained *
major charge cards accepted |
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Out of pocket
litigation cost
expenditures are the client's responsibility - trust deposit for attorney fees
& costs noted above.
Trust deposit overage - refunded at case conclusion. *
Undercapitalization - immediate trust deposit
would be required. |
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Client authorization
is obtained
for any large cost expense. Final expenditure may run less or
client
may periodically be asked for additional amounts to be deposited to trust if
fees and costs will exceed previous deposits. |
Client
will be provided with a trust accounting and itemized
billing statement when there has been activity on the account. At the end of
each case, a detailed accounting summary is provided and
remaining trust proceeds are refunded. |
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trust
deposit for anticipated fees & costs is due when
retained |
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attorney does not accept installment payments |
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regular billings are
scheduled on the 1st and 15th
if
fees and costs are not paid as agreed, representation is
withdrawn |
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MAJOR
CREDIT CARDS ACCEPTED |
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PARTIAL LIST OF POTENTIAL
COSTS
out of pocket costs are the responsibility of the
client |
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link to Colorado
Judicial Branch website
current costs
information published by state |
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litigation costs
fluctuate - below estimates may be obsolete
fees & costs assessed by courts or third party
providers are not within attorney control |
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estimated potential domestic
abuse PRO out of pocket expenses
Although the below
list is not exhaustive and is estimate only upon the assumption two
agencies have records to seal, movant could anticipate the
following costs: |
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CAVEAT:
Not all above costs will be relevant to any given case, and additional
expenses not identified may be incurred in any individual case.
Costs quoted are subject to change by independent providers; actual
costs paid will be billed. |
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State of Colorado
changes filing fees and costs for various services.
above identified state court costs may be obsolete since revision |
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to call or email if you are a client or are seeking representation |
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INITIAL CONSULTATION TERMS
not an offer for legal advice - refer to link for terms
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter |
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GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
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Serving Colorado Springs
Area Zip Codes |
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| 80918 80920 80919 80917 80915
80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 |
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80905 80906 80907 80910 80911 80912
80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 |
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80937 80940 80941 80942 80943 80944 80945
80946 80947 80949 80950 80960 80962 80970 80977 80995 90997 |
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sealing, civil court, court, records,
sealing court records, sealing records, domestic abuse, restraining
orders, nuisance forfeiture, nuisance, forfeiture, prostitution, drugs,
gambling, Colorado Springs, Colorado, El Paso County, courts, court,
lawyer, attorney |
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Topical Website
Copyright © 2008 - Document Revised
November 06, 2011
mountains photo image, attorney photo image & law office logo copyright
©
All Rights Reserved - Robert D. Gustafson, Attorney at Law
No Copyright Claimed to Flag, Envelope, Map or Merchant Charge Card Images
Website Initial Publication: January 17, 2008 Republication: May 24, 2006 |
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