Current through Chapter 492 of the 2024 Legislative Session
Section 13-14-105 - [Effective 1/1/2025] Provisions relating to civil protection orders(1) A municipal court of record that is authorized by its municipal governing body to issue protection or restraining orders and any county court, in connection with issuing a civil protection order, has original concurrent jurisdiction with the district court to include any provisions in the order that the municipal or county court deems necessary for the protection of persons, including but not limited to orders: (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a party from the home of another party upon a showing that physical or emotional harm would otherwise result;(e) [Repealed by 2024 Amendment.] (f) Restraining a party from interfering with a protected person at the person's place of employment or place of education or from engaging in conduct that impairs the protected person's employment, educational relationships, or environment;(g) Restraining a party from molesting, injuring, killing, taking, transferring, encumbering, concealing, disposing of or threatening harm to an animal owned, possessed, leased, kept, or held by any other party or a minor child of any other party;(h) Specifying arrangements for possession and care of an animal owned, possessed, leased, kept, or held by any other party or a minor child of any other party;(i) Granting such other relief as the court deems appropriate;(j)(I) Entering a temporary injunction restraining the respondent from ceasing to make payments for mortgage or rent, insurance, utilities or related services, transportation, medical care, or child care when the respondent has a prior existing duty or legal obligation or from transferring, encumbering, concealing, or in any way disposing of personal effects or real property, except in the usual course of business or for the necessities of life and requiring the restrained party to account to the court for all extraordinary expenditures made after the injunction is in effect.(II) Any injunction issued pursuant to this paragraph (j) is effective upon personal service or upon waiver and acceptance of service by the respondent for a period of time determined appropriate by the court not to exceed one year after the issuance of the permanent civil protection order.(III) The provisions of the injunction must be printed on the summons, and the petition and the injunction become an order of the court upon fulfillment of the requirements of subparagraph (I) of this paragraph (j).(IV) Nothing in this paragraph (j) precludes either party from applying to the district court for further temporary orders, an expanded temporary injunction, or modification or revocation. Any subsequent order issued by the district court as part of a domestic matter involving the parties supersedes an injunction made pursuant to this paragraph (j).(1.5)(a) A municipal court of record that is authorized by its municipal governing body to issue civil protection or restraining orders and any county court, in connection with issuing a civil protection order, has original concurrent jurisdiction with the district court and shall include in the order, at the request of the petitioner or respondent, a provision awarding temporary care and control of any joint or shared minor children of the parties involved for a period of not more than one year after the date on which the temporary care and control is awarded in the temporary protection order; except that, this subsection (1.5)(a) does not apply when the district court maintains exclusive original jurisdiction in proceedings to determine the legal custody of a child who comes within the juvenile court's jurisdiction pursuant to section 19-1-104.(b) The order for temporary care and control described in subsection (1.5)(a) of this section may include parenting time responsibilities for both parties involved and any conditions of parenting time, including supervised parenting time by a third party who agrees 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 impose the cost on a publicly funded agency or the petitioner. 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.(c) The court shall award interim decision-making responsibility of a child to a person entitled to bring an action for the allocation of parental responsibilities pursuant to section 14-10-123 when interim decision-making responsibility is reasonably related to preventing domestic violence or preventing the child from witnessing domestic violence.(d) Temporary care and control and interim decision-making responsibility must be determined in accordance with the standard contained in section 14-10-124.(2) Any order for temporary care and control issued pursuant to subsection (1) of this section is governed by the "Uniform Child-custody Jurisdiction and Enforcement Act", article 13 of title 14, C.R.S.(3) If there is no pending or existing domestic relations or juvenile case in district court involving joint or shared children, the petitioner is not required and must not be instructed to file a complaint for a protection order in district court when the petitioner is otherwise eligible to file for a civil protection order in county court.(4) A temporary protection order or permanent protection order issued pursuant to this article 14 must be written and communicated in simple and plain language.Amended by 2024 Ch. 330,§ 5, eff. 1/1/2025.Added with relocated provisions by 2013 Ch. 218, §11, eff. 7/1/2013.This section is similar to former § 13-14-102 (15) and (16) as they existed prior to 2013.
This section is set out more than once due to postponed, multiple, or conflicting amendments.