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COLORADO REVISED STATUTES:

1. Title 13 Courts and Court Procedure, Article 14 Civil Restraining Orders.
   • CRS 13-14-101. Definitions
   • CRS 13-14-102. Civil Restraining Orders.
     
     
2. Title 18 Criminal Code, Article 1 Provisions Applicable to Offenses Generally, Part 10 Orders and Proceedings Against Defendant.
   • CRS 18-1-1001. Restraining order against defendant.   
     
     
3. Title 18 Criminal Code, Article 6 Offenses Involving Family Relations, Part 8 Domestic Violence.
   • 18-6-800.3. Definitions.
   • 18-6-801. Domestic violence - sentencing.
   • 18-6-801.5. Domestic violence - evidence of similar transactions.
   • 18-6-801.6. Domestic violence - summons and complaint.
   • 18-6-802. Domestic violence - local board - treatment programs - liability immunity (repealed 2001.
   • 18-6-803. Commission - manual of standards for treatment of domestic violence perpetrators. (repealed 2001) 
   • 18-6-803.5. Crime of violation of a restraining order - penalty - peace officers' duties.
   • 18-6-803.6. Duties of peace officers and prosecuting agencies - preservation of evidence.
   • 18-6-803.7. Central registry of restraining orders - creation. (not listed)
   • 18-6-803.8. Foreign protection orders.
   • 18-6-803.9. Assaults and deaths related to domestic violence - report.
     

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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.

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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 shallhear 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:

• L. 99: Entire article added, p. 496, § 1, effective July 1.
• L. 2000: IP(1), (5), and (6) amended, (2.5) added, and (19) repealed, pp. 1012, 1013, § § 4, 5, 6, effective July 1; (16) and (17) amended, p. 1538, § 5, effective July 1.

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).

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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:

• L. 89: Entire section added, p. 909, § 1, effective April 4.
• L. 94: (1) amended, p. 2020, § 1, effective June 3; entire section amended, p. 2025, § 1, effective July 1.
• L. 95: IP and (1) amended, p. 566, § 1, effective July 1.

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).

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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:

• L. 88: Entire part added, p. 732, § 1, effective July 1.
• L. 89: Entire section R&RE, p. 909, § 2, effective April 4.
• L. 94: (1) amended and (3) to (6) added, p. 2026, § 2, effective July 1.
• L. 95: (3) amended, p. 566, § 2, effective July 1.
• L. 2000: (7) added, p. 1011, § 1, effective July 1; (1)(a) and (1)(b) amended, p. 913, § 2, effective January 1, 2001.

Editor's note:

1. Section 11 of chapter 229, Session Laws of Colorado 2000, provides that the act enacting subsection (7) applies to offenses committed on or after July 1, 2000.
2. Section 8 of chapter 215, Session Laws of Colorado 2000, provides that the act amending subsections (1)(a) and (1)(b) applies to sentences entered on or after January 1, 2001.

Law reviews: For article, "What Family Law Practitioners Should Know About Domestic Violence", see 19 Colo. Law. 53 (1990).

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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 trialcourt 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.

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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.

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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:

• L. 91: Entire section added, p. 418, § 1, effective May 31.
• L. 92: Entire section amended, p. 294, § 4, effective April 23; (1) and (2) amended, p. 404, § 18, effective June 3; entire section amended, p. 177, § 3, effective July 1.
• L. 94: (2) and (3) amended and (6) added, p. 2027, § 4, effective July 1; entire section amended, p. 2010, § 7, effective January 1, 1995.
• L. 95: (1), (2), and (3)(d) amended, p. 567, § 3, effective July 1.
• L. 96: (3)(d) amended, p. 736, § 6, effective July 1; (1.5)(d) amended, p. 1692, § 26, effective January 1, 1997.
• L. 98: (1.5)(b), (1.5)(d), and (3)(c) amended and (8) added, p. 1232, § 3, effective July 1; (6)(a) amended, p. 1404, § 58, effective February 1, 1999.
• L. 99: (1.5)(d) amended, p. 502, § 11, effective July 1.
• L. 2000: (1) and (1.5)(d) amended, p. 1011, § 2, effective July 1.
  

Editor's note:

1. Amendments to this section in House Bill 92-1075 and House Bill 92-1078 were harmonized. Amendments to this section in House Bill 94-1090 and House Bill 94-1253 were harmonized.
   
2. Section 11 of chapter 229, Session Laws of Colorado 2000, provides that the act amending subsections (1) and (1.5)(d) applies to offenses committed on or after July 1, 2000.
   

Law reviews: For article, "1994 Legislature Strengthens Domestic Violence Protective Orders", see 23 Colo. Law. 2327 (1994).

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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:

• L. 94: Entire section added. p. 2029, § 5, effective July 1.
• L. 95: (1) amended, p. 568, § 4, effective July 1.
• L. 98: (1) amended, p. 1231, § 2, effective July 1; (3)(a) amended, p. 1404, § 59, effective February 1, 1999.

Law reviews: For article, "1994 Legislature Strengthens Domestic Violence Protective Orders", see 23 Colo. Law. 2327 (1994).

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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.

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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:

• 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).

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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:

• L. 89: Entire section added, p. 909, § 1, effective April 4.
• L. 94: (1) amended, p. 2020, § 1, effective June 3; entire section amended, p. 2025, § 1, effective July 1.
• L. 95: IP and (1) amended, p. 566, § 1, effective July 1.

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).

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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:

• L. 88: Entire part added, p. 732, § 1, effective July 1.
• L. 89: Entire section R&RE, p. 909, § 2, effective April 4.
• L. 94: (1) amended and (3) to (6) added, p. 2026, § 2, effective July 1.
• L. 95: (3) amended, p. 566, § 2, effective July 1.
• L. 2000: (7) added, p. 1011, § 1, effective July 1; (1)(a) and (1)(b) amended, p. 913, § 2, effective January 1, 2001.

Editor's note:

1. Section 11 of chapter 229, Session Laws of Colorado 2000, provides that the act enacting subsection (7) applies to offenses committed on or after July 1, 2000.
2. Section 8 of chapter 215, Session Laws of Colorado 2000, provides that the act amending subsections (1)(a) and (1)(b) applies to sentences entered on or after January 1, 2001.

Law reviews: For article, "What Family Law Practitioners Should Know About Domestic Violence", see 19 Colo. Law. 53 (1990).

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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.

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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.

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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