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(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: L. 84: Entire part
added, p. 500, § 3, effective July 1. L. 85: (1) and (2) amended, p. 617, §
10, effective July 1. L. 91: Entire section
amended, p. 419, § 3, effective May 31. L. 94:
(1) and (3) amended, p. 2023, § 3, effective June 3; (3) amended and (5) and
(6) added, p. 2041, § 24, effective July 1; (1) amended and (7) added, p. 2009,
§ 6, effective January 1, 1995. L. 98: (1) and
IP(3) amended and (8) added, p. 1442, § 28, effective July 1.
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). |
