|
(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
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). |
