Domestic Abuse Laws
Colorado
2001
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CIVIL CODE
Title 13 Courts and Court Procedure
Article 14 Civil Restraining Orders
13-14-101.
Definitions. For
purposes of this article, unless the context otherwise requires:
(1) "Abuse of the elderly" means mistreatment of a person who is sixty years
of age or older, including but not limited to repeated acts that:
(a) Constitute verbal threats or assaults;
(b) Constitute verbal harassment;
(c) Result in the inappropriate use or the threat of inappropriate use of
medications;
(d) Result in the inappropriate use of physical or chemical restraints;
(e) Result in the misuse of power or authority granted to a person through
a power of attorney or by a court in a guardianship or conservatorship proceeding
that results in unreasonable confinement or restriction of liberty.
(2) "Domestic abuse" means any act or threatened act of violence that is
committed by any person against another person to whom the actor is currently
or was formerly related, or with whom the actor is living or has lived in
the same domicile, or with whom the actor is involved or has been involved
in an intimate relationship. "Domestic abuse" may also include any act or
threatened act of violence against the minor children of either of the parties.
(3) "Stalking" means the crime of stalking as described in section 18-9-111
(4), C.R.S.
Source: L. 99: Entire article added, p. 495, § 1, effective July 1. L. 2000: (3) amended, p. 1012, § 3, effective July 1.
Editor's note: Section 3 of chapter 229, Session Laws of Colorado 2000, provides that the act amending subsection (3) applies to offenses committed on or after July 1, 2000.
13-14-102. Civil restraining
orders.
(1) Any municipal court of record, if authorized by the municipal governing
body, any county court, and any district court shall have original concurrent
jurisdiction to issue a temporary or permanent civil restraining order against
an adult or against a juvenile who is ten years of age or older for any of
the following purposes:
(a) To prevent assaults and threatened bodily harm;
(b) To prevent domestic abuse;
(c) To prevent emotional abuse of the elderly;
(d) To prevent stalking.
(2) Any civil restraining order issued pursuant to this section shall be
issued using the standardized set of forms developed by the state court
administrator pursuant to section 13-1-136.
(2.5) Venue for filing a motion or complaint pursuant to this section is
proper in any county where the acts that are the subject of the motion or
complaint occur, in any county where one of the parties resides, or in any
county where one of the parties is employed. This requirement for venue does
not prohibit the change of venue to any other county appropriate under applicable
law.
(3) A motion for a temporary civil restraining order shall be set for hearing,
which hearing may be ex parte, at the earliest possible time and shall take
precedence over all matters, except those matters of the same character that
have been on the court docket for a longer period of time. The court shall
hear all such motions as expeditiously as possible.
(4) A temporary civil restraining order may be issued if the issuing judge
or magistrate finds that an imminent danger exists to the person or persons
seeking protection under the civil restraining order. In determining whether
an imminent danger exists to the life or health of one or more persons, the
court shall consider when the most recent incident of abuse or threat of
harm occurred as well as all other relevant evidence concerning the safety
and protection of the persons seeking the restraining order. However, the
court shall not deny a petitioner the relief requested solely because of
a lapse of time between an act of abuse or threat of harm and filing of the
petition for a restraining order.
(5) Upon the filing of a complaint duly verified, alleging that the defendant
has committed acts that would constitute grounds for a civil restraining
order, any judge or magistrate, after hearing the evidence and being fully
satisfied therein that sufficient cause exists, may issue a temporary civil
restraining order to prevent the actions complained of and a citation directed
to the defendant commanding the defendant to appear before the court at a
specific time and date and to show cause, if any, why said temporary civil
restraining order should not be made permanent; except that, if the temporary
restraining order is issued by the district court in connection with an action
filed under the "Uniform Dissolution of Marriage Act", article 10 of title
14, C.R.S., or by the juvenile court under the "Uniform Parentage Act", article
4 of title 19, C.R.S., the court may dispense with the issuance of a citation
and require that the temporary restraining order remain in effect until revoked,
modified, or terminated as provided in section 14-10-108, C.R.S. In addition,
the court may order any other relief that the court deems appropriate. Complaints
may be filed by persons seeking protection for themselves or for others as
provided in section 26-3.1-102 (1) (b) and (1) (c), C.R.S. If the defendant
fails to appear before the court for the show cause hearing at the time and
on the date identified in the citation issued by the court and the court
finds that the defendant was properly served with the temporary restraining
order and such citation, it shall not be necessary to re-serve the defendant
to make the restraining order permanent.
(6) A copy of the complaint together with a copy of the temporary civil
restraining order and a copy of the citation shall be served upon the defendant
and upon the person to be protected, if the complaint was filed by another
person, in accordance with the rules for service of process as provided in
rule 304 of the rules of county court civil procedure or rule 4 of the Colorado
rules of civil procedure. The citation shall inform the defendant that, if
the defendant fails to appear in court in accordance with the terms of the
citation, a bench warrant may be issued for the arrest of the defendant and
the temporary restraining order previously entered by the court shall be
made permanent without further notice or service upon the defendant.
(7) The return date of the citation shall be set not more than fourteen days
after the issuance of the temporary civil restraining order and citation.
If the petitioner is unable to serve the defendant in that period, the court
shall extend the temporary restraining order previously issued, continue
the show of cause hearing, and issue an alias citation stating the date and
time to which the hearing is continued. The petitioner may thereafter request
additional continuances as needed if the petitioner has still been unable
to serve the defendant.
(8) (a) Any person against whom a temporary restraining order is issued pursuant
to this section, which temporary restraining order excludes such person from
a shared residence, shall be permitted to return to such shared residence
one time to obtain sufficient undisputed personal effects as are necessary
for such person to maintain a normal standard of living during any period
prior to a hearing concerning such order. Such person against whom a temporary
restraining order is issued shall be permitted to return to such shared residence
only if such person is accompanied at all times while the person is at or
in such shared residence by a peace officer.
(b) When any person is served with notice of a temporary restraining order
issued against such person excluding such person from a shared residence,
such notice shall contain a notification in writing to such person of such
person's ability to return to such shared residence pursuant to paragraph
(a) of this subsection (8). Such written notification shall be in bold print
and conspicuously placed in such temporary restraining order. No judge,
magistrate, or other judicial officer shall issue a temporary restraining
order that does not comply with this subsection (8).
(c) Any person against whom a temporary restraining order is issued pursuant
to this section, which temporary restraining order excludes such person from
a shared residence, shall be entitled to avail himself or herself of the
forcible entry and detainer remedies available pursuant to article 40 of
this title. However, such 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. A landlord whose lessee has been excluded from a residence pursuant
to the terms of a restraining order is also entitled to avail himself or
herself of the remedies available pursuant to article 40 of this title.
(9) (a) On the return date of the citation, or on the day to which the hearing
has been continued, the judge or magistrate shall examine the record and
the evidence. If upon such examination the judge or magistrate is of the
opinion that the defendant has committed acts constituting grounds for issuance
of a civil restraining order and that unless restrained will continue to
commit such acts, the judge or magistrate shall order the temporary civil
restraining order to be made permanent or order a permanent civil restraining
order with different provisions from the temporary civil restraining order.
The judge or magistrate shall inform said defendant that a violation of the
civil restraining order shall constitute a criminal offense pursuant to section
18-6-803.5, C.R.S., or shall constitute contempt of court and subject the
defendant to such punishment as may be provided by law. If the defendant
fails to appear at the return date and the petition is for a restraining
order to prevent domestic abuse, the court shall order the terms of the temporary
restraining order to be made permanent without further notice or service
upon the defendant.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (9),
the judge or magistrate, after examining the record and the evidence, for
good cause shown may continue the temporary restraining order to a date certain
not to exceed one hundred twenty days after the date of the hearing if he
or she determines such continuance would be in the best interests of the
parties and if both parties are present at the hearing and agree to the
continuance. The judge or magistrate shall inform the defendant that a violation
of the temporary civil restraining order shall constitute a criminal offense
pursuant to section 18-6-803.5, C.R.S., or shall constitute contempt of court
and subject the defendant to such punishment as may be provided by law.
(10) A copy of any order issued pursuant to this section shall be delivered
to any law enforcement agency having jurisdiction to enforce said order and
to the protected party.
(11) If the order has not been personally served, the peace officer responding
to a call for assistance shall serve a copy of said order on the person named
defendant therein and shall write the time, date, and manner of service on
the protected person's copy of such order and shall sign such statement.
The cost of serving said order shall be ten dollars, payable to the law
enforcement agency employing the peace officer serving said order, which
ten dollars shall be assessed against the parties as court costs of obtaining
said order.
(12) The duties of peace officers enforcing the civil restraining order shall
be in accordance with section 18-6-803.5, C.R.S., and any rules adopted by
the Colorado supreme court pursuant to said section.
(13) A person failing to comply with any order of the court issued pursuant
to this section shall be found in contempt of court or may be prosecuted
for violation of a civil restraining order pursuant to section 18-6-803.5,
C.R.S.
(14) At the time a civil restraining order is requested, the court shall
inquire about, and the requesting party and such party's attorney shall have
an independent duty to disclose, any knowledge such party and such party's
attorney may have concerning the existence of any prior restraining orders
of any court addressing in whole or in part the subject matter of the requested
civil restraining order.
(15) A municipal court of record that is authorized by its municipal governing
body to issue restraining orders and any county court, in connection with
issuing a civil restraining order, shall have original concurrent jurisdiction
with the district court to issue such additional orders as the municipal
or county court deems necessary for the protection of persons. Such additional
orders may include, but are not limited to:
(a) Restraining a party from threatening, molesting, or injuring any other
party or the minor child of either of the parties;
(b) Restraining a party from contacting any other party or the minor child
of either of the parties;
(c) Excluding a party from the family home upon a showing that physical or
emotional harm would otherwise result;
(d) Excluding a party from the home of another party upon a showing that
physical or emotional harm would otherwise result;
(e) (I) Awarding temporary care and control of any minor children of either
party involved for a period of not more than one hundred twenty days.
(II) If temporary care and control is awarded, the order may include parenting
time rights for the other party involved and any conditions of such parenting
time, including the supervision of such parenting time by a third party who
agrees on the record to the terms of the supervised parenting time and any
costs associated with supervised parenting time, if necessary. If the restrained
party is unable to pay the ordered costs, the court shall not place such
responsibility with publicly funded agencies. If the court finds that the
safety of any child or the protected party cannot be ensured with any form
of parenting time reasonably available, the court may deny parenting time.
(III) The standard for the award of temporary care and control shall be in
accordance with section 14-10-124, C.R.S.
(f) Such other relief as the court deems appropriate.
(16) Any order for temporary care and control issued pursuant to subsection
(15) of this section shall be governed by the "Uniform Child-custody Jurisdiction
and Enforcement Act", article 13 of title 14, C.R.S.
(17) Any order granted pursuant to paragraph (c) or (e) of subsection (15)
of this section shall terminate whenever a subsequent order regarding the
same subject matter is granted pursuant to the "Uniform Dissolution of Marriage
Act", article 10 of title 14, C.R.S., or the "Uniform Child-custody Jurisdiction
and Enforcement Act", article 13 of title 14, C.R.S., or the "Colorado Children's
Code", title 19, C.R.S.
(18) A court shall not grant a mutual restraining order to prevent domestic
abuse for the protection of opposing parties unless each party has met his
or her burden of proof as described in subsection (4) of this section and
the court makes separate and sufficient findings of fact to support the issuance
of the mutual restraining order to prevent domestic abuse for the protection
of opposing parties. No party may waive the requirements set forth in this
subsection (18).
(19) Repealed.
(20) Enactment of this section shall not affect the effectiveness of any
civil restraining order issued prior to July 1, 1999.
Source:
Editor's note: This section is amended by chapters 229 and 320, Session Laws of Colorado 2000. Section 11 of chapter 229 provides that the act set out in that chapter amending subsections IP(1), (5), and (6), enacting subsection (2.5), and repealing subsection (19) applies to offenses committed on or after July 1, 2000. Section 7 of chapter 320 provides that the act amending subsections (16) and (17) applies to causes of action filed on or after July 1, 2000.
Law reviews. For article, "Statutes Consolidate Civil Restraining Orders", see 28 Colo. Law. 39 (October 1999).
TITLE 18 Criminal Code
ARTICLE 6 Offenses Involving the Family Relations
PART 8 DOMESTIC VIOLENCE
18-6-800.3.
Definitions.
As used in this part 8, unless the context otherwise requires:
(1) "Domestic violence" means an act or threatened act of violence upon a
person with whom the actor is or has been involved in an intimate relationship.
"Domestic violence" also includes any other crime against a person or against
property or any municipal ordinance violation against a person or against
property, when used as a method of coercion, control, punishment, intimidation,
or revenge directed against a person with whom the actor is or has been involved
in an intimate relationship.
(2) "Intimate relationship" means a relationship between spouses, former
spouses, past or present unmarried couples, or persons who are both the parents
of the same child regardless of whether the persons have been married or
have lived together at any time.
Source:
Editor's note: Subsection (1) was amended in Senate Bill 94-51. Those amendments were superseded by the amendment of the entire section in House Bill 94-1253.
Law reviews. For article, "Injunctive Remedies for Interpersonal Violence", see 18 Colo. Law. 1743 (1989). For article, "1994 Legislature Strengthens Domestic Violence Protective Orders", see 23 Colo. Law. 2327 (1994).
18-6-801. Domestic violence
- sentencing.
(1) (a) In addition to any sentence that is imposed upon a person for violation
of any criminal law under this title, any person who is convicted of any
crime, the underlying factual basis of which has been found by the court
on the record to include an act of domestic violence, as defined in section
18-6-800.3 (1), or any crime against property, whether or not such crime
is a felony, when such crime is used as a method of coercion, control,
punishment, intimidation, or revenge directed against a person with whom
the actor is or has been involved in an intimate relationship, shall be ordered
to complete a treatment program and a treatment evaluation that conform with
the standards adopted by the domestic violence management treatment board
as required by section 16-11.8-104, C.R.S. If an intake evaluation conducted
by an approved treatment program provider discloses that sentencing to a
treatment program would be inappropriate, the person shall be referred back
to the court for alternative disposition.
Editor's note: This version of subsection (1)(a) is effective January
1, 2001. (The older version can be read on the Colorado Revised Statutes
page, by searching for CRS 18-6-801 in the Search section.)
(b) The court may order a treatment evaluation to be conducted prior to
sentencing if a treatment evaluation would assist the court in determining
an appropriate sentence. The person ordered to undergo such evaluation shall
be required to pay the cost of the treatment evaluation. If such treatment
evaluation recommends treatment, and if the court so finds, the person shall
be ordered to complete a treatment program that conforms with the standards
adopted by the domestic violence management board as required by section
16-11.8-104, C.R.S.
Editor's note: This version of subsection (1)(b) is effective January
1, 2001. (The older version can be read on the Colorado Revised Statutes
page, by searching for CRS 18-6-801 in the Search section.)
(c) Nothing in this subsection (1) shall preclude the court from ordering
domestic violence treatment in any appropriate case.
(2) Subsection (1) of this section shall not apply to persons sentenced to
the department of corrections.
(3) A person charged with the commission of a crime, the underlying factual
basis of which includes an act of domestic violence as defined in section
18-6-800.3 (1), shall not be entitled to plead guilty or plead nolo contendere
to an offense which does not include the domestic violence designation required
in section 16-21-103, C.R.S., unless the prosecuting attorney makes a good
faith representation on the record that such attorney would not be able to
establish a prima facie case that the person and the alleged victim were
currently or formerly involved in an intimate relationship if the defendant
were brought to trial on the original domestic violence offense and upon
such a finding by the court. The prosecuting attorney's record and the court's
findings shall specify the relationship in the alleged domestic violence
case which the prosecuting attorney is not able to prove beyond a reasonable
doubt and the reasons therefor. No court shall accept a plea of guilty or
nolo contendere to an offense which does not include the domestic violence
designation required in section 16-21-103, C.R.S., when the facts of the
case indicate that the underlying factual basis includes an act of domestic
violence as defined in section
18-6-800.3 (1) unless there is a good faith representation by the prosecuting
attorney that he or she would be unable to establish a prima facie case if
the defendant were brought to trial on the original offense.
(4) No person accused or convicted of a crime, the underlying factual basis
of which has been found by the court on the record to include an act of domestic
violence, as defined in section 18-6-800.3 (1), shall be eligible for home
detention in the home of the victim pursuant to section 17-26-128 or 17-27.8-102,
C.R.S., or for deferred prosecution pursuant to section 16-7-401, C.R.S.
Nothing in this subsection (4) is intended to prohibit a court from ordering
a deferred sentence for a person accused or convicted of a crime, the underlying
factual basis of which has been found by the court on the record to include
an act of domestic violence, as defined in section 18-6-800.3 (1).
(5) Before granting probation, the court shall consider the safety of the
victim and the victim's children if probation is granted.
(6) Nothing in this section shall preclude the ability of a municipality
to enact concurrent ordinances.
(7) In the event a person is convicted in this state on or after July 1,
2000, of any offense which would otherwise be a misdemeanor, the underlying
factual basis of which has been found by the court on the record to include
an act of domestic violence as defined in section 18-6-800.3 (1), and that
person has been three times previously convicted, upon charges separately
brought and tried and arising out of separate and distinct criminal episodes,
of a felony or misdemeanor or municipal ordinance violation, the underlying
factual basis of which was found by the court on the record to include an
act of domestic violence, the prosecuting attorney may petition the court
to adjudge the person an habitual domestic violence offender, and such person
shall be convicted of a class 5 felony. If the person is adjudged an habitual
domestic violence offender, the court shall sentence the person pursuant
to the presumptive range set forth in section 18-1-105 for a class 5 felony.
The former convictions and judgments shall be set forth in apt words in the
indictment or information.
Source:
Editor's note:
Law reviews: For article, "What Family Law Practitioners Should Know About Domestic Violence", see 19 Colo. Law. 53 (1990).
18-6-801.5. Domestic violence
- evidence of similar transactions.
(1) The general assembly hereby finds that domestic violence is frequently
cyclical in nature, involves patterns of abuse, and can consist of harm with
escalating levels of seriousness. The general assembly therefore declares
that evidence of similar transactions can be helpful and is necessary in
some situations in prosecuting crimes involving domestic violence.
(2) In criminal prosecutions involving domestic violence in which the defendant
and the victim named in the information have engaged in an intimate relationship
as of the time alleged in the information, evidence of any other acts of
domestic violence between the defendant and the victim constitute other acts
or transactions for the purposes of this section, and the court may authorize
the admission of evidence as provided in subsection (3) of this section.
(3) The proponent of evidence of other acts or transactions under this section
shall advise the trial court by offer of proof of such evidence and shall
specify whether the evidence is offered to show a common plan, scheme, design,
identity, modus operandi, motive, or guilty knowledge or for some other purpose.
(4) Upon the offer of proof under subsection (3) of this section, the trial
court shall determine whether the probative value of the evidence of similar
acts or transactions is substantially outweighed by the danger of unfair
prejudice to the defendant, confusion of the issues, or misleading of the
jury if the evidence is allowed or by considerations of undue delay, waste
of time, or needless presentation of cumulative evidence.
(5) Upon admitting evidence of other acts or transactions into evidence pursuant
to this section and again in the general charge to the jury, the trial court
shall direct the jury as to the limited purpose for which the evidence is
admitted and for which the jury may consider it.
Source: L. 94: Entire section added, p. 2020, § 2, effective June 3.
18-6-801.6. Domestic violence
- summons and complaint.
Any person completing or preparing a summons, complaint, summons and complaint,
indictment, information, or application for an arrest warrant shall indicate
on the face of such document whether the facts forming the basis of the alleged
criminal act, if proven, could constitute domestic violence as defined in
section 18-6-800.3 (1).
Source: L. 94: Entire section added, p. 2027, § 3, effective July 1.
18-6-803.5. Crime of violation
of a restraining order - penalty - peace officers' duties.
(1) A person commits the crime of violation of a restraining order if such
person contacts, harasses, injures, intimidates, molests, threatens, or touches
any protected person or enters or remains on premises or comes within a specified
distance of a protected person or premises or violates any other provision
of a restraining order to protect the protected person from imminent danger
to life or health, and such conduct is prohibited by a restraining order,
after such person has been personally served with any such order or otherwise
has acquired from the court actual knowledge of the contents of any such
order.
(1.5) As used in this section:
(a) "Protected person" means the person or persons identified in the restraining
order as the person or persons for whose benefit the restraining order was
issued.
(b) "Registry" means the computerized information system created in section
18-6-803.7 or the national crime information center created pursuant to 28
U.S.C. sec. 534.
(c) "Restrained person" means the person identified in the order as the person
prohibited from doing the specified act or acts.
(d) "Restraining order" means any order that prohibits the restrained person
from contacting, harassing, injuring, intimidating, molesting, threatening,
or touching any person, or from entering or remaining on premises, or from
coming within a specified distance of a protected person or premises or any
other provision to protect the protected person from imminent danger to life
or health, that is issued by a court of this state or a municipal court,
and that is issued pursuant to article 14 of title 13, C.R.S., sections 14-4-101
to 14-4-105, C.R.S., section 14-10-107, C.R.S., section 14-10-108, C.R.S.,
section 18-1-1001, section 19-2-707, C.R.S., section 19-3-316, C.R.S., section
19-4-111, C.R.S., or rule 365 of the Colorado rules of county court civil
procedure, an order issued as part of the proceedings concerning a criminal
municipal ordinance violation, or any other order of a court that prohibits
a person from contacting, harassing, injuring, intimidating, molesting,
threatening, or touching any person, or from entering or remaining on premises,
or from coming within a specified distance of a protected person or premises.
For purposes of this section only, "restraining order" includes any order
that amends, modifies, supplements, or supersedes the initial restraining
order. "Restraining order" also includes any foreign protection order as
defined in section 18-6-803.8.
(2) (a) Violation of a restraining order is a class 2 misdemeanor; except
that, if the restrained person has previously been convicted of violating
this section or a former version of this section or an analogous municipal
ordinance, or if the restraining order is issued pursuant to section 18-1-1001,
the violation is a class 1 misdemeanor.
(b) (Deleted by amendment, L. 95, p. 567, § 3, effective July 1, 1995.)
(c) Nothing in this section shall preclude the ability of a municipality
to enact concurrent ordinances. Any sentence imposed for a violation of this
section shall run consecutively and not concurrently with any sentence imposed
for any crime which gave rise to the issuing of the restraining order.
(3) (a) Whenever a restraining order is issued, the protected person shall
be provided with a copy of such order. A peace officer shall use every reasonable
means to enforce a restraining order.
(b) A peace officer shall arrest, or, if an arrest would be impractical under
the circumstances, seek a warrant for the arrest of a restrained person when
the peace officer has information amounting to probable cause that:
(I) The restrained person has violated or attempted to violate any provision
of a restraining order; and
(II) The restrained person has been properly served with a copy of the
restraining order or the restrained person has received actual notice of
the existence and substance of such order.
(c) In making the probable cause determination described in paragraph (b)
of this subsection (3), a peace officer shall assume that the information
received from the registry is accurate. A peace officer shall enforce a valid
restraining order whether or not there is a record of the restraining order
in the registry.
(d) The arrest and detention of a restrained person is governed by applicable
constitutional and applicable state rules of criminal procedure. The arrested
person shall be removed from the scene of the arrest and shall be taken to
the peace officer's station for booking, whereupon the arrested person may
be held or released in accordance with the adopted bonding schedules for
the jurisdiction in which the arrest is made. The law enforcement agency
or any other locally designated agency shall make all reasonable efforts
to contact the protected party upon the arrest of the restrained person.
The prosecuting attorney shall present any available arrest affidavits and
the criminal history of the restrained person to the court at the time of
the first appearance of the restrained person before the court.
(e) The arresting agency arresting the restrained person shall forward to
the issuing court a copy of such agency's report, a list of witnesses to
the violation, and, if applicable, a list of any charges filed or requested
against the restrained person. The agency shall give a copy of the agency's
report, witness list, and charging list to the protected party. The agency
shall delete the address and telephone number of a witness from the list
sent to the court upon request of such witness, and such address and telephone
number shall not thereafter be made available to any person, except law
enforcement officials and the prosecuting agency, without order of the court.
(4) If a restrained person is on bond in connection with a violation or attempted
violation of a restraining order in this or any other state and is subsequently
arrested for violating or attempting to violate a restraining order, the
arresting agency shall notify the prosecuting attorney who shall file a motion
with the court which issued the prior bond for the revocation of the bond
and for the issuance of a warrant for the arrest of the restrained person
if such court is satisfied that probable cause exists to believe that a violation
of the restraining order issued by the court has occurred.
(5) A peace officer arresting a person for violating a restraining order
or otherwise enforcing a restraining order shall not be held criminally or
civilly liable for such arrest or enforcement unless the peace officer acts
in bad faith and with malice or does not act in compliance with rules adopted
by the Colorado supreme court.
(6) (a) A peace officer is authorized to use every reasonable means to protect
the alleged victim or the alleged victim's children to prevent further violence.
Such peace officer may transport, or obtain transportation for, the alleged
victim to shelter. Upon the request of the protected person, the peace officer
may also transport the minor child of the protected person, who is not an
emancipated minor, to the same shelter if such shelter is willing to accept
the child, whether or not there is a custody order or an order allocating
parental responsibilities with respect to such child or an order for the
care and control of the child and whether or not the other parent objects.
A peace officer who transports a minor child over the objection of the other
parent shall not be held liable for any damages that may result from interference
with the custody, parental responsibilities, care, and control of or access
to a minor child in complying with this subsection (6).
(b) For purposes of this subsection (6), "shelter" means a battered women's
shelter, a friend's or family member's home, or such other safe haven as
may be designated by the protected person and which is within a reasonable
distance from the location at which the peace officer found the victim.
(7) The restraining order shall contain in capital letters and bold print
a notice informing the protected person that such protected person may either
initiate contempt proceedings against the restrained person if the order
is issued in a civil action or request the prosecuting attorney to initiate
contempt proceedings if the order is issued in a criminal action.
(8) A restraining order issued in the state of Colorado shall contain a statement
that:
(a) The order or injunction shall be accorded full faith and credit and be
enforced in every civil or criminal court of the United States, another state,
an Indian tribe, or a United States territory pursuant to 18 U.S.C. sec.
2265;
(b) The issuing court had jurisdiction over the parties and subject matter;
and
(c) The defendant was given reasonable notice and opportunity to be
heard.
Source:
Editor's note:
Law reviews: For article, "1994 Legislature Strengthens Domestic Violence Protective Orders", see 23 Colo. Law. 2327 (1994).
18-6-803.6. Duties of
peace officers and prosecuting agencies - preservation of evidence.
(1) When a peace officer determines that there is probable cause to believe
that a crime or offense involving domestic violence, as defined in section
18-6-800.3 (1), has been committed, the officer shall, without undue delay,
arrest the person suspected of its commission pursuant to the provisions
in subsection (2) of this section, if applicable, and charge the person with
the appropriate crime or offense. Nothing in this subsection (1) shall be
construed to require a peace officer to arrest both parties involved in an
alleged act of domestic violence when both claim to have been victims of
such domestic violence. Additionally, nothing in this subsection (1) shall
be construed to require a peace officer to arrest either party involved in
an alleged act of domestic violence when a peace officer determines there
is no probable cause to believe that a crime or offense of domestic violence
has been committed. The arrested person shall be removed from the scene of
the arrest and shall be taken to the peace officer's station for booking,
whereupon the arrested person may be held or released in accordance with
the adopted bonding schedules for the jurisdiction in which the arrest is
made.
(2) If a peace officer receives complaints of domestic violence from two
or more opposing persons, the officer shall evaluate each complaint separately
to determine if a crime has been committed by one or more persons. In determining
whether a crime has been committed by one or more persons, the officer shall
consider the following:
(a) Any prior complaints of domestic violence;
(b) The relative severity of the injuries inflicted on each person;
(c) The likelihood of future injury to each person; and
(d) The possibility that one of the persons acted in self-defense.
(3) (a) A peace officer is authorized to use every reasonable means to protect
the alleged victim or the alleged victim's children to prevent further violence.
Such peace officer may transport, or obtain transportation for, the alleged
victim to shelter. Upon the request of the protected person, the peace officer
may also transport the minor child of the protected person, who is not an
emancipated minor, to the same shelter if such shelter is willing to accept
the child, whether or not there is a custody order or an order for the care
and control of the child or an order allocating parental responsibilities
with respect to the child and whether or not the other parent objects. A
peace officer who transports a minor child over the objection of the other
parent shall not be held liable for any damages that may result from interference
with the custody, parental responsibilities, care, and control of or access
to a minor child in complying with this subsection (3).
Editor's note: This version of paragraph (a) is effective February
1, 1999. (The older version can be read on the Colorado Revised Statutes
page, by searching for CRS 18-6-803.6 in the Search section.)
(b) For purposes of this subsection (3), "shelter" means a battered women's
shelter, a friend's or family member's home, or such other safe haven as
may be designated by the protected person and which is within a reasonable
distance from the location at which the peace officer found the victim.
(4) (a) The arresting agency shall make reasonable efforts to collect and
preserve any pertinent evidence until the time of final disposition of the
matter, including, but not limited to, the following:
(I) Any dispatch tape recording relating to the event;
(II) Any on-scene video or audio tape recordings;
(III) Any medical records of treatment of the alleged victim or the defendant;
and
(IV) Any other relevant physical evidence or witness statements.
(b) However, in the absence of bad faith, any failure to collect or preserve
any evidence listed in paragraph (a) of this subsection (4) shall not be
grounds to dismiss the matter.
(5) A peace officer shall not be held civilly or criminally liable for acting
pursuant to this section if the peace officer acts in good faith and without
malice.
Source:
Law reviews: For article, "1994 Legislature Strengthens Domestic Violence Protective Orders", see 23 Colo. Law. 2327 (1994).
18-6-803.8. Foreign protection
orders.
(1) Legislative declaration. The general assembly recognizes that domestic
violence is an issue of public safety. The risk of harm to victims of domestic
violence is not limited by state boundaries. Victims have the right to travel
safely from one state, tribe, or territory to another and be afforded the
same protections as their home state would provide against a perpetrator.
Therefore, the general assembly finds that it is in the state's best interest
to allow for the recognition and enforcement of foreign protection orders
as provided in this section.
(2) Definition. As used in this section, "foreign protection order" means
any protection or restraining order, injunction, or other order issued for
the purpose of preventing violent or threatening acts or harassment against,
or contact or communication with or physical proximity to, another person,
including temporary or final orders, other than child support or custody
orders, issued by a civil or criminal court of another state, an Indian tribe,
or a U.S. territory or commonwealth.
(3) Full faith and credit. A foreign protection order shall be accorded full
faith and credit by the courts of this state as if the order were an order
of this state, notwithstanding section 14-11-101, C.R.S., and article 53
of title 13, C.R.S., if the order meets all of the following conditions:
(a) The foreign protection order was obtained after providing the person
against whom the protection order was sought a reasonable notice and opportunity
to be heard sufficient to protect his or her due process rights. If the foreign
protection order is an ex parte injunction or order, the person against whom
it was obtained shall have been given notice and an opportunity to be heard
within a reasonable time after the order was issued sufficient to protect
his or her due process rights.
(b) The court that issued the order had jurisdiction over the parties and
over the subject matter;
(c) The order complies with section 13-14-102 (18), C.R.S.
(4) Process. A person entitled to protection under a foreign protection order
may, but shall not be required to, file such order in the district or county
court by filing with such court a certified copy of such order, which shall
be entered into the central registry of restraining orders created in section
18-6-803.7. The certified order shall be accompanied by an affidavit in which
the protected person affirms to the best of his or her knowledge that the
order has not been changed or modified since it was issued. There shall be
no filing fee charged. It is the responsibility of the protected person to
notify the court if the protection order is subsequently modified.
(5) Enforcement. Filing of the foreign protection order in the central registry
or otherwise domesticating or registering the order pursuant to article 53
of title 13, C.R.S., or section 14-11-101, C.R.S., is not a prerequisite
to enforcement of the foreign protection order. A peace officer shall presume
the validity of, and enforce in accordance with the provisions of this article,
a foreign protection order that appears to be an authentic court order that
has been provided to the peace officer by any source. If the protected party
does not have a copy of the foreign protection order on his or her person
and the peace officer determines that a protection order exists through the
central registry, the national crime information center as described in 28
U.S.C. sec. 534, or communication with appropriate authorities, the peace
officer shall enforce the order. A peace officer may rely upon the statement
of any person protected by a foreign order that it remains in effect. A peace
officer who is acting in good faith when enforcing a foreign protection order
shall not be civilly or criminally liable pursuant to section 18-6-803.5
(5).
Source: L. 98: Entire section added, p. 1233, § 5, effective July 1.
Title 18 CRIMINAL CODE
Criminal Court Restraining Orders
ARTICLE 1 Provisions Applicable to Offenses Generally
PART 10 ORDERS AND PROCEEDINGS AGAINST DEFENDANT
18-1-1001. Restraining
order against defendant.
(1) There is hereby created a mandatory restraining order against any person
charged with a violation of any of the provisions of this title, which order
shall remain in effect from the time that the person is advised of his or
her rights at arraignment or the person's first appearance before the court
and informed of such order until final disposition of the action. Such order
shall restrain the person charged from harassing, molesting, intimidating,
retaliating against, or tampering with any witness to or victim of the acts
charged. The restraining order issued pursuant to this section shall be on
a standardized form prescribed by the judicial department and a copy shall
be provided to the protected parties.
(2) At the time of arraignment or the person's first appearance before the
court, the court shall inform the defendant of the restraining order effective
pursuant to this section and shall inform the defendant that a violation
of such order is punishable by contempt.
(3) Nothing in this section shall preclude the defendant from applying to
the court at any time for modification or dismissal of the restraining order
issued pursuant to this section or the district attorney from applying to
the court at any time for further orders, additional provisions under the
restraining order, or modification or dismissal of the same. The trial court
shall retain jurisdiction to enforce, modify, or dismiss the restraining
order until final disposition of the action. Upon motion of the district
attorney, or on the court's motion to protect the alleged victim, the court
may, in cases involving domestic violence as defined in section 18-6-800.3
(1), enter any of the following further orders against the defendant:
(a) An order to vacate or stay away from the home of the victim and to stay
away from any other location where the victim is likely to be found;
(b) An order to refrain from contact or direct or indirect communication
with the victim;
(c) An order prohibiting possession or control of firearms or other weapons;
(d) An order prohibiting possession or consumption of alcohol or controlled
substances; and
(e) Any other order the court deems appropriate to protect the safety of
the alleged victim.
(4) Any person failing to comply with a restraining order issued pursuant
to this section commits the crime of violation of a restraining order and
may be punished as provided in section 18-6-803.5.
(5) Before a defendant is released on bail pursuant to article 4 of title
16, C.R.S., the court shall, in cases involving domestic violence as defined
in section 18-6-800.3 (1), state the terms of the restraining order issued
pursuant to this section, including any additional provisions added pursuant
to subsection (3) of this section, to the defendant on the record and the
court shall further require the defendant to acknowledge the restraining
order as a condition of any bond for the release of the defendant. The
prosecuting attorney shall, in such domestic violence cases, notify the alleged
victim, the complainant, and the protected person of the order if such persons
are not present at the time the restraining order is issued.
(6) The defendant or, in cases involving domestic violence as defined in
section 18-6-800.3 (1), the prosecuting attorney may request a hearing before
the court to modify the terms of a restraining order issued pursuant to the
section. Upon such a request, the court shall set a hearing and the prosecuting
attorney shall send notice of the hearing to the defendant and the alleged
victim. At the hearing the court shall review the terms of the restraining
order and any further orders entered and shall consider the modifications,
if any, requested by the defendant or the prosecuting attorney.
(7) The duties of peace officers enforcing orders issued pursuant to this
section shall be in accordance with section 18-6-803.5 and any rules adopted
by the Colorado supreme court pursuant to said section.
(8) For purposes of this section:
(a) "Court" means the trial court or a designee of the trial court.
(b) "Until final disposition of the action" means until the case is dismissed,
until the defendant is acquitted, or until the defendant completes his or
her sentence. Any defendant sentenced to probation or incarceration shall
be deemed to have completed his or her sentence upon discharge from probation
or incarceration, as the case may be.
Source:
Editor's note: Amendments to subsection (1) in House Bill 94-1092 and House Bill 94-1090 were harmonized. Amendments to subsection (3) in House Bill 94-1092 and House Bill 94-1253 were harmonized.
Cross references: For restraining orders against children under the "Colorado Children's Code", see § 19-3-103.1; for the "Colorado Victim and Witness Protection Act of 1984", see part 7 of article 8 of this title.
Classifying a violation
of a criminal restraining order as a crime more serious than the offense
of violating a domestic abuse restraining order does not violate equal protection
of the laws. This section seeks to protect those who must present evidence
in the criminal justice system while section 14-4-102 is designed to protect
persons in a volatile domestic setting. People v. Brockelman, 862 P.2d 1040
(Colo. App. 1993).
TITLE 18 Criminal Code
ARTICLE 6 Offenses Involving the Family Relations
PART 8 DOMESTIC VIOLENCE
18-6-800.3.
Definitions.
As used in this part 8, unless the context otherwise requires:
(1) "Domestic violence" means an act or threatened act of violence upon a
person with whom the actor is or has been involved in an intimate relationship.
"Domestic violence" also includes any other crime against a person or against
property or any municipal ordinance violation against a person or against
property, when used as a method of coercion, control, punishment, intimidation,
or revenge directed against a person with whom the actor is or has been involved
in an intimate relationship.
(2) "Intimate relationship" means a relationship between spouses, former
spouses, past or present unmarried couples, or persons who are both the parents
of the same child regardless of whether the persons have been married or
have lived together at any time.
Source:
Editor's note: Subsection (1) was amended in Senate Bill 94-51. Those amendments were superseded by the amendment of the entire section in House Bill 94-1253.
Law reviews. For article, "Injunctive Remedies for Interpersonal Violence", see 18 Colo. Law. 1743 (1989). For article, "1994 Legislature Strengthens Domestic Violence Protective Orders", see 23 Colo. Law. 2327 (1994).
18-6-801. Domestic violence
- sentencing.
(1) (a) In addition to any sentence that is imposed upon a person for violation
of any criminal law under this title, any person who is convicted of any
crime, the underlying factual basis of which has been found by the court
on the record to include an act of domestic violence, as defined in section
18-6-800.3 (1), or any crime against property, whether or not such crime
is a felony, when such crime is used as a method of coercion, control,
punishment, intimidation, or revenge directed against a person with whom
the actor is or has been involved in an intimate relationship, shall be ordered
to complete a treatment program and a treatment evaluation that conform with
the standards adopted by the domestic violence management treatment board
as required by section 16-11.8-104, C.R.S. If an intake evaluation conducted
by an approved treatment program provider discloses that sentencing to a
treatment program would be inappropriate, the person shall be referred back
to the court for alternative disposition.
Editor's note: This version of subsection (1)(a) is effective January
1, 2001. (The older version can be read on the Colorado Revised Statutes
page, by searching for CRS 18-6-801 in the Search section.)
(b) The court may order a treatment evaluation to be conducted prior to
sentencing if a treatment evaluation would assist the court in determining
an appropriate sentence. The person ordered to undergo such evaluation shall
be required to pay the cost of the treatment evaluation. If such treatment
evaluation recommends treatment, and if the court so finds, the person shall
be ordered to complete a treatment program that conforms with the standards
adopted by the domestic violence management board as required by section
16-11.8-104, C.R.S.
Editor's note: This version of subsection (1)(b) is effective January
1, 2001. (The older version can be read on the Colorado Revised Statutes
page, by searching for CRS 18-6-801 in the Search section.)
(c) Nothing in this subsection (1) shall preclude the court from ordering
domestic violence treatment in any appropriate case.
(2) Subsection (1) of this section shall not apply to persons sentenced to
the department of corrections.
(3) A person charged with the commission of a crime, the underlying factual
basis of which includes an act of domestic violence as defined in section
18-6-800.3 (1), shall not be entitled to plead guilty or plead nolo contendere
to an offense which does not include the domestic violence designation required
in section 16-21-103, C.R.S., unless the prosecuting attorney makes a good
faith representation on the record that such attorney would not be able to
establish a prima facie case that the person and the alleged victim were
currently or formerly involved in an intimate relationship if the defendant
were brought to trial on the original domestic violence offense and upon
such a finding by the court. The prosecuting attorney's record and the court's
findings shall specify the relationship in the alleged domestic violence
case which the prosecuting attorney is not able to prove beyond a reasonable
doubt and the reasons therefor. No court shall accept a plea of guilty or
nolo contendere to an offense which does not include the domestic violence
designation required in section 16-21-103, C.R.S., when the facts of the
case indicate that the underlying factual basis includes an act of domestic
violence as defined in section
18-6-800.3 (1) unless there is a good faith representation by the prosecuting
attorney that he or she would be unable to establish a prima facie case if
the defendant were brought to trial on the original offense.
(4) No person accused or convicted of a crime, the underlying factual basis
of which has been found by the court on the record to include an act of domestic
violence, as defined in section 18-6-800.3 (1), shall be eligible for home
detention in the home of the victim pursuant to section 17-26-128 or 17-27.8-102,
C.R.S., or for deferred prosecution pursuant to section 16-7-401, C.R.S.
Nothing in this subsection (4) is intended to prohibit a court from ordering
a deferred sentence for a person accused or convicted of a crime, the underlying
factual basis of which has been found by the court on the record to include
an act of domestic violence, as defined in section 18-6-800.3 (1).
(5) Before granting probation, the court shall consider the safety of the
victim and the victim's children if probation is granted.
(6) Nothing in this section shall preclude the ability of a municipality
to enact concurrent ordinances.
(7) In the event a person is convicted in this state on or after July 1,
2000, of any offense which would otherwise be a misdemeanor, the underlying
factual basis of which has been found by the court on the record to include
an act of domestic violence as defined in section 18-6-800.3 (1), and that
person has been three times previously convicted, upon charges separately
brought and tried and arising out of separate and distinct criminal episodes,
of a felony or misdemeanor or municipal ordinance violation, the underlying
factual basis of which was found by the court on the record to include an
act of domestic violence, the prosecuting attorney may petition the court
to adjudge the person an habitual domestic violence offender, and such person
shall be convicted of a class 5 felony. If the person is adjudged an habitual
domestic violence offender, the court shall sentence the person pursuant
to the presumptive range set forth in section 18-1-105 for a class 5 felony.
The former convictions and judgments shall be set forth in apt words in the
indictment or information.
Source:
Editor's note:
Law reviews: For article, "What Family Law Practitioners Should Know About Domestic Violence", see 19 Colo. Law. 53 (1990).
18-6-801.5. Domestic violence
- evidence of similar transactions.
(1) The general assembly hereby finds that domestic violence is frequently
cyclical in nature, involves patterns of abuse, and can consist of harm with
escalating levels of seriousness. The general assembly therefore declares
that evidence of similar transactions can be helpful and is necessary in
some situations in prosecuting crimes involving domestic violence.
(2) In criminal prosecutions involving domestic violence in which the defendant
and the victim named in the information have engaged in an intimate relationship
as of the time alleged in the information, evidence of any other acts of
domestic violence between the defendant and the victim constitute other acts
or transactions for the purposes of this section, and the court may authorize
the admission of evidence as provided in subsection (3) of this section.
(3) The proponent of evidence of other acts or transactions under this section
shall advise the trial court by offer of proof of such evidence and shall
specify whether the evidence is offered to show a common plan, scheme, design,
identity, modus operandi, motive, or guilty knowledge or for some other purpose.
(4) Upon the offer of proof under subsection (3) of this section, the trial
court shall determine whether the probative value of the evidence of similar
acts or transactions is substantially outweighed by the danger of unfair
prejudice to the defendant, confusion of the issues, or misleading of the
jury if the evidence is allowed or by considerations of undue delay, waste
of time, or needless presentation of cumulative evidence.
(5) Upon admitting evidence of other acts or transactions into evidence pursuant
to this section and again in the general charge to the jury, the trial court
shall direct the jury as to the limited purpose for which the evidence is
admitted and for which the jury may consider it.
Source: L. 94: Entire section added, p. 2020, § 2, effective June 3.
18-6-801.6. Domestic violence
- summons and complaint.
Any person completing or preparing a summons, complaint, summons and complaint,
indictment, information, or application for an arrest warrant shall indicate
on the face of such document whether the facts forming the basis of the alleged
criminal act, if proven, could constitute domestic violence as defined in
section 18-6-800.3 (1).
Source: L. 94: Entire section added, p. 2027, § 3, effective July 1.
18-6-803.5. Crime of violation
of a restraining order - penalty - peace officers' duties.
(1) A person commits the crime of violation of a restraining order if such
person contacts, harasses, injures, intimidates, molests, threatens, or touches
any protected person or enters or remains on premises or comes within a specified
distance of a protected person or premises or violates any other provision
of a restraining order to protect the protected person from imminent danger
to life or health, and such conduct is prohibited by a restraining order,
after such person has been personally served with any such order or otherwise
has acquired from the court actual knowledge of the contents of any such
order.
(1.5) As used in this section:
(a) "Protected person" means the person or persons identified in the restraining
order as the person or persons for whose benefit the restraining order was
issued.
(b) "Registry" means the computerized information system created in section
18-6-803.7 or the national crime information center created pursuant to 28
U.S.C. sec. 534.
(c) "Restrained person" means the person identified in the order as the person
prohibited from doing the specified act or acts.
(d) "Restraining order" means any order that prohibits the restrained person
from contacting, harassing, injuring, intimidating, molesting, threatening,
or touching any person, or from entering or remaining on premises, or from
coming within a specified distance of a protected person or premises or any
other provision to protect the protected person from imminent danger to life
or health, that is issued by a court of this state or a municipal court,
and that is issued pursuant to article 14 of title 13, C.R.S., sections 14-4-101
to 14-4-105, C.R.S., section 14-10-107, C.R.S., section 14-10-108, C.R.S.,
section 18-1-1001, section 19-2-707, C.R.S., section 19-3-316, C.R.S., section
19-4-111, C.R.S., or rule 365 of the Colorado rules of county court civil
procedure, an order issued as part of the proceedings concerning a criminal
municipal ordinance violation, or any other order of a court that prohibits
a person from contacting, harassing, injuring, intimidating, molesting,
threatening, or touching any person, or from entering or remaining on premises,
or from coming within a specified distance of a protected person or premises.
For purposes of this section only, "restraining order" includes any order
that amends, modifies, supplements, or supersedes the initial restraining
order. "Restraining order" also includes any foreign protection order as
defined in section 18-6-803.8.
(2) (a) Violation of a restraining order is a class 2 misdemeanor; except
that, if the restrained person has previously been convicted of violating
this section or a former version of this section or an analogous municipal
ordinance, or if the restraining order is issued pursuant to section 18-1-1001,
the violation is a class 1 misdemeanor.
(b) (Deleted by amendment, L. 95, p. 567, § 3, effective July 1, 1995.)
(c) Nothing in this section shall preclude the ability of a municipality
to enact concurrent ordinances. Any sentence imposed for a violation of this
section shall run consecutively and not concurrently with any sentence imposed
for any crime which gave rise to the issuing of the restraining order.
(3) (a) Whenever a restraining order is issued, the protected person shall
be provided with a copy of such order. A peace officer shall use every reasonable
means to enforce a restraining order.
(b) A peace officer shall arrest, or, if an arrest would be impractical under
the circumstances, seek a warrant for the arrest of a restrained person when
the peace officer has information amounting to probable cause that:
(I) The restrained person has violated or attempted to violate any provision
of a restraining order; and
(II) The restrained person has been properly served with a copy of the
restraining order or the restrained person has received actual notice of
the existence and substance of such order.
(c) In making the probable cause determination described in paragraph (b)
of this subsection (3), a peace officer shall assume that the information
received from the registry is accurate. A peace officer shall enforce a valid
restraining order whether or not there is a record of the restraining order
in the registry.
(d) The arrest and detention of a restrained person is governed by applicable
constitutional and applicable state rules of criminal procedure. The arrested
person shall be removed from the scene of the arrest and shall be taken to
the peace officer's station for booking, whereupon the arrested person may
be held or released in accordance with the adopted bonding schedules for
the jurisdiction in which the arrest is made. The law enforcement agency
or any other locally designated agency shall make all reasonable efforts
to contact the protected party upon the arrest of the restrained person.
The prosecuting attorney shall present any available arrest affidavits and
the criminal history of the restrained person to the court at the time of
the first appearance of the restrained person before the court.
(e) The arresting agency arresting the restrained person shall forward to
the issuing court a copy of such agency's report, a list of witnesses to
the violation, and, if applicable, a list of any charges filed or requested
against the restrained person. The agency shall give a copy of the agency's
report, witness list, and charging list to the protected party. The agency
shall delete the address and telephone number of a witness from the list
sent to the court upon request of such witness, and such address and telephone
number shall not thereafter be made available to any person, except law
enforcement officials and the prosecuting agency, without order of the court.
(4) If a restrained person is on bond in connection with a violation or attempted
violation of a restraining order in this or any other state and is subsequently
arrested for violating or attempting to violate a restraining order, the
arresting agency shall notify the prosecuting attorney who shall file a motion
with the court which issued the prior bond for the revocation of the bond
and for the issuance of a warrant for the arrest of the restrained person
if such court is satisfied that probable cause exists to believe that a violation
of the restraining order issued by the court has occurred.
(5) A peace officer arresting a person for violating a restraining order
or otherwise enforcing a restraining order shall not be held criminally or
civilly liable for such arrest or enforcement unless the peace officer acts
in bad faith and with malice or does not act in compliance with rules adopted
by the Colorado supreme court.
(6) (a) A peace officer is authorized to use every reasonable means to protect
the alleged victim or the alleged victim's children to prevent further violence.
Such peace officer may transport, or obtain transportation for, the alleged
victim to shelter. Upon the request of the protected person, the peace officer
may also transport the minor child of the protected person, who is not an
emancipated minor, to the same shelter if such shelter is willing to accept
the child, whether or not there is a custody order or an order allocating
parental responsibilities with respect to such child or an order for the
care and control of the child and whether or not the other parent objects.
A peace officer who transports a minor child over the objection of the other
parent shall not be held liable for any damages that may result from interference
with the custody, parental responsibilities, care, and control of or access
to a minor child in complying with this subsection (6).
(b) For purposes of this subsection (6), "shelter" means a battered women's
shelter, a friend's or family member's home, or such other safe haven as
may be designated by the protected person and which is within a reasonable
distance from the location at which the peace officer found the victim.
(7) The restraining order shall contain in capital letters and bold print
a notice informing the protected person that such protected person may either
initiate contempt proceedings against the restrained person if the order
is issued in a civil action or request the prosecuting attorney to initiate
contempt proceedings if the order is issued in a criminal action.
(8) A restraining order issued in the state of Colorado shall contain a statement
that:
(a) The order or injunction shall be accorded full faith and credit and be
enforced in every civil or criminal court of the United States, another state,
an Indian tribe, or a United States territory pursuant to 18 U.S.C. sec.
2265;
(b) The issuing court had jurisdiction over the parties and subject matter;
and
(c) The defendant was given reasonable notice and opportunity to be
heard.
Source:
Editor's note:
Law reviews: For article, "1994 Legislature Strengthens Domestic Violence Protective Orders", see 23 Colo. Law. 2327 (1994).
18-6-803.6. Duties of
peace officers and prosecuting agencies - preservation of evidence.
(1) When a peace officer determines that there is probable cause to believe
that a crime or offense involving domestic violence, as defined in section
18-6-800.3 (1), has been committed, the officer shall, without undue delay,
arrest the person suspected of its commission pursuant to the provisions
in subsection (2) of this section, if applicable, and charge the person with
the appropriate crime or offense. Nothing in this subsection (1) shall be
construed to require a peace officer to arrest both parties involved in an
alleged act of domestic violence when both claim to have been victims of
such domestic violence. Additionally, nothing in this subsection (1) shall
be construed to require a peace officer to arrest either party involved in
an alleged act of domestic violence when a peace officer determines there
is no probable cause to believe that a crime or offense of domestic violence
has been committed. The arrested person shall be removed from the scene of
the arrest and shall be taken to the peace officer's station for booking,
whereupon the arrested person may be held or released in accordance with
the adopted bonding schedules for the jurisdiction in which the arrest is
made.
(2) If a peace officer receives complaints of domestic violence from two
or more opposing persons, the officer shall evaluate each complaint separately
to determine if a crime has been committed by one or more persons. In determining
whether a crime has been committed by one or more persons, the officer shall
consider the following:
(a) Any prior complaints of domestic violence;
(b) The relative severity of the injuries inflicted on each person;
(c) The likelihood of future injury to each person; and
(d) The possibility that one of the persons acted in self-defense.
(3) (a) A peace officer is authorized to use every reasonable means to protect
the alleged victim or the alleged victim's children to prevent further violence.
Such peace officer may transport, or obtain transportation for, the alleged
victim to shelter. Upon the request of the protected person, the peace officer
may also transport the minor child of the protected person, who is not an
emancipated minor, to the same shelter if such shelter is willing to accept
the child, whether or not there is a custody order or an order for the care
and control of the child or an order allocating parental responsibilities
with respect to the child and whether or not the other parent objects. A
peace officer who transports a minor child over the objection of the other
parent shall not be held liable for any damages that may result from interference
with the custody, parental responsibilities, care, and control of or access
to a minor child in complying with this subsection (3).
Editor's note: This version of paragraph (a) is effective February
1, 1999. (The older version can be read on the Colorado Revised Statutes
page, by searching for CRS 18-6-803.6 in the Search section.)
(b) For purposes of this subsection (3), "shelter" means a battered women's
shelter, a friend's or family member's home, or such other safe haven as
may be designated by the protected person and which is within a reasonable
distance from the location at which the peace officer found the victim.
(4) (a) The arresting agency shall make reasonable efforts to collect and
preserve any pertinent evidence until the time of final disposition of the
matter, including, but not limited to, the following:
(I) Any dispatch tape recording relating to the event;
(II) Any on-scene video or audio tape recordings;
(III) Any medical records of treatment of the alleged victim or the defendant;
and
(IV) Any other relevant physical evidence or witness statements.
(b) However, in the absence of bad faith, any failure to collect or preserve
any evidence listed in paragraph (a) of this subsection (4) shall not be
grounds to dismiss the matter.
(5) A peace officer shall not be held civilly or criminally liable for acting
pursuant to this section if the peace officer acts in good faith and without
malice.
Source:
Law reviews: For article, "1994 Legislature Strengthens Domestic Violence Protective Orders", see 23 Colo. Law. 2327 (1994).
18-6-803.8. Foreign protection
orders.
(1) Legislative declaration. The general assembly recognizes that domestic
violence is an issue of public safety. The risk of harm to victims of domestic
violence is not limited by state boundaries. Victims have the right to travel
safely from one state, tribe, or territory to another and be afforded the
same protections as their home state would provide against a perpetrator.
Therefore, the general assembly finds that it is in the state's best interest
to allow for the recognition and enforcement of foreign protection orders
as provided in this section.
(2) Definition. As used in this section, "foreign protection order" means
any protection or restraining order, injunction, or other order issued for
the purpose of preventing violent or threatening acts or harassment against,
or contact or communication with or physical proximity to, another person,
including temporary or final orders, other than child support or custody
orders, issued by a civil or criminal court of another state, an Indian tribe,
or a U.S. territory or commonwealth.
(3) Full faith and credit. A foreign protection order shall be accorded full
faith and credit by the courts of this state as if the order were an order
of this state, notwithstanding section 14-11-101, C.R.S., and article 53
of title 13, C.R.S., if the order meets all of the following conditions:
(a) The foreign protection order was obtained after providing the person
against whom the protection order was sought a reasonable notice and opportunity
to be heard sufficient to protect his or her due process rights. If the foreign
protection order is an ex parte injunction or order, the person against whom
it was obtained shall have been given notice and an opportunity to be heard
within a reasonable time after the order was issued sufficient to protect
his or her due process rights.
(b) The court that issued the order had jurisdiction over the parties and
over the subject matter;
(c) The order complies with section 13-14-102 (18), C.R.S.
(4) Process. A person entitled to protection under a foreign protection order
may, but shall not be required to, file such order in the district or county
court by filing with such court a certified copy of such order, which shall
be entered into the central registry of restraining orders created in section
18-6-803.7. The certified order shall be accompanied by an affidavit in which
the protected person affirms to the best of his or her knowledge that the
order has not been changed or modified since it was issued. There shall be
no filing fee charged. It is the responsibility of the protected person to
notify the court if the protection order is subsequently modified.
(5) Enforcement. Filing of the foreign protection order in the central registry
or otherwise domesticating or registering the order pursuant to article 53
of title 13, C.R.S., or section 14-11-101, C.R.S., is not a prerequisite
to enforcement of the foreign protection order. A peace officer shall presume
the validity of, and enforce in accordance with the provisions of this article,
a foreign protection order that appears to be an authentic court order that
has been provided to the peace officer by any source. If the protected party
does not have a copy of the foreign protection order on his or her person
and the peace officer determines that a protection order exists through the
central registry, the national crime information center as described in 28
U.S.C. sec. 534, or communication with appropriate authorities, the peace
officer shall enforce the order. A peace officer may rely upon the statement
of any person protected by a foreign order that it remains in effect. A peace
officer who is acting in good faith when enforcing a foreign protection order
shall not be civilly or criminally liable pursuant to section 18-6-803.5
(5).
Source: L. 98: Entire section added, p. 1233, § 5, effective July 1.
