NOTE: Shall arrest law

(1) When a peaceofficer determines that there is probable cause to believe that a crime oroffense involving domestic violence, as defined in section 18-6-800.3 (1), hasbeen committed, the officer shall, without undue delay, arrest the personsuspected of its commission pursuant to the provisions in subsection (2) of thissection, if applicable, and charge the person with the appropriate crime oroffense. Nothing in this subsection (1) shall be construed to require a peaceofficer to arrest both parties involved in an alleged act of domestic violencewhen both claim to have been victims of such domestic violence. Additionally,nothing in this subsection (1) shall be construed to require a peace officer toarrest either party involved in an alleged act of domestic violence when a peaceofficer determines there is no probable cause to believe that a crime or offenseof domestic violence has been committed. The arrested person shall be removedfrom the scene of the arrest and shall be taken to the peace officer's stationfor booking, whereupon the arrested person may be held or released in accordancewith the adopted bonding schedules for the jurisdiction in which the arrest ismade.

NOTE:Colorado's"Primary Aggressor" law

(2) If a peace officerreceives complaints of domestic violence from two or more opposing persons, theofficer shall evaluate each complaint separately to determine if a crime hasbeen committed by one or more persons. In determining whether a crime has beencommitted 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 officeris authorized to use every reasonable means to protect the alleged victim or thealleged victim's children to prevent further violence. Such peace officer maytransport, or obtain transportation for, the alleged victim to shelter. Upon therequest of the protected person, the peace officer may also transport the minorchild of the protected person, who is not an emancipated minor, to the sameshelter if such shelter is willing to accept the child, whether or not there isa custody order or an order for the care and control of the child or an orderallocating parental responsibilities with respect to the child and whether ornot the other parent objects. A peace officer who transports a minor child overthe objection of the other parent shall not be held liable for any damages thatmay result from interference with the custody, parental responsibilities, care,and control of or access to a minor child in complying with this subsection (3).

 

(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 arrestingagency shall make reasonable efforts to collect and preserve any pertinentevidence until the time of final disposition of the matter, including, but notlimited 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 officershall not be held civilly or criminally liable for acting pursuant to thissection if the peace officer acts in good faith and without malice.

Source:L. 94: Entire sectionadded. 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.

Lawreviews. For article, "1994 Legislature Strengthens DomesticViolence Protective Orders", see 23 Colo. Law. 2327 (1994).

18-6-803.7         - Central registry of restraining orders - creation.

(1) As used in thissection:

 

(a)  "Bureau" means the Colorado bureau of investigation.

 

(b) "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.

 

(c)  "Registry" means a computerized information system.

 

(d) "Restrained  person" means the person identified in the order as the person prohibited  from doing the specified act or acts.

 

(e)  "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, that is issued by a court of this state or an authorized 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 or an order issued as part of the proceedings concerning a  criminal municipal ordinance violation. "Restraining order" also  includes any foreign protection order as described in section 18-6-803.8.

 

(f) "Subsequent  order" means an order which amends, modifies, supplements, or supersedes  a restraining order.

(2) (a) There is herebycreated in the bureau a computerized central registry of restraining orderswhich shall be accessible to any state law enforcement agency or to any locallaw enforcement agency having a terminal which communicates with the bureau. Thecentral registry computers shall communicate with computers operated by thestate judicial department.

 

(b) Restraining  orders and subsequent orders shall be entered into the registry by the clerk  of the court issuing the restraining order; except that orders issued pursuant  to sections 18-1-1001 and 19-2-707, C.R.S., shall be entered into the registry  only at the discretion of the court or upon motion of the district attorney.  The clerk of the court issuing the restraining order shall be responsible for  updating the registry electronically in a timely manner to ensure the notice  is as complete and accurate as is reasonably possible with regard to the  information specified in subsection (3) of this section.

 

(c) The restrained  person's attorney, if present at the time the restraining order or subsequent  order is issued, shall notify the restrained person of the contents of such  order if the restrained person was absent when such order was issued.

 

(d) Restraining  orders and subsequent orders shall be placed in the registry not later than  twenty-four hours after they have been issued; except that, if the court  issuing the restraining order or subsequent order specifies that it be placed  in the registry immediately, such order shall be placed in the registry  immediately.

 

(e) Upon reaching  the expiration date of a restraining order or subsequent order, if any, the  bureau shall note the termination in the registry.

 

(f) In the event the  restraining order or subsequent order does not have a termination date, the  clerk of the issuing court shall be responsible for noting the termination of  the restraining order or subsequent order in the registry.

(3) (a) In addition toany information, notice, or warning required by law, a restraining order orsubsequent order entered into the registry shall contain the followinginformation, if such information is available:

 

(I) The name, date  of birth, sex, and physical description of the restrained person to the extent  known;

 

(II) The date the  order was issued and the effective date of the order if such date is different  from the date the order was issued;

 

(III) The names of  the protected persons and their dates of birth;

 

(IV) If the  restraining order is one prohibiting the restrained person from entering in,  remaining upon, or coming within a specified distance of certain premises, the  address of the premises and the distance limitation;

 

(V) The expiration  date of the restraining order, if any;

 

(VI) Whether the  restrained person has been served with the restraining order and, if so, the  date and time of service; and

 

(VII) The amount of  bail and any conditions of bond which the court has set in the event the  restrained person has violated a restraining order.

 

(b) If available,  the restraining order or subsequent order shall contain the fingerprint based  state identification number issued by the bureau to the restrained person.

Source:L. 94: Entire sectionadded, p. 2013, § 8, effective January 1, 1995. L. 96:(1)(e) amended, p. 1692, § 27, effective January 1, 1997. L.98: (2)(b) amended, p. 947, § 5, effective May 27; (1)(e) amended, p.1233, § 4, effective July 1. L. 99: (1)(e)amended, p. 503, § 12, effective July 1.

Lawreviews. For article, "1994 Legislature Strengthens DomesticViolence Protective Orders", see 23 Colo. Law. 2327 (1994).

18-6-803.8         - Foreign protection orders.

(1) Legislativedeclaration. The general assembly recognizes that domestic violence is an issueof public safety. The risk of harm to victims of domestic violence is notlimited by state boundaries. Victims have the right to travel safely from onestate, tribe, or territory to another and be afforded the same protections astheir home state would provide against a perpetrator. Therefore, the generalassembly finds that it is in the state's best interest to allow for therecognition and enforcement of foreign protection orders as provided in thissection.

(2) Definition. As usedin this section, "foreign protection order" means any protection orrestraining order, injunction, or other order issued for the purpose ofpreventing violent or threatening acts or harassment against, or contact orcommunication with or physical proximity to, another person, including temporaryor final orders, other than child support or custody orders, issued by a civilor criminal court of another state, an Indian tribe, or a U.S. territory orcommonwealth.

(3) Full faith andcredit. A foreign protection order shall be accorded full faith and credit bythe 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 personentitled to protection under a foreign protection order may, but shall not berequired to, file such order in the district or county court by filing with suchcourt a certified copy of such order, which shall be entered into the centralregistry of restraining orders created in section 18-6-803.7. The certifiedorder shall be accompanied by an affidavit in which the protected person affirmsto the best of his or her knowledge that the order has not been changed ormodified since it was issued. There shall be no filing fee charged. It is theresponsibility of the protected person to notify the court if the protectionorder is subsequently modified.

(5) Enforcement. Filingof the foreign protection order in the central registry or otherwisedomesticating 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 theforeign protection order. A peace officer shall presume the validity of, andenforce in accordance with the provisions of this article, a foreign protectionorder that appears to be an authentic court order that has been provided to thepeace officer by any source. If the protected party does not have a copy of theforeign protection order on his or her person and the peace officer determinesthat a protection order exists through the central registry, the national crimeinformation center as described in 28 U.S.C. sec. 534, or communication withappropriate authorities, the peace officer shall enforce the order. A peaceofficer may rely upon the statement of any person protected by a foreign orderthat it remains in effect. A peace officer who is acting in good faith whenenforcing a foreign protection order shall not be civilly or criminally liablepursuant to section 18-6-803.5 (5).

Source:L. 98: Entire sectionadded, p. 1233, § 5, effective July 1.

18-6-803.9         - Assaults and deaths related to domestic violence - report.

The Colorado bureau ofinvestigation shall prepare a report by November 1, 1995, and by November 1 ofeach year thereafter, to the governor, the president of the senate, and thespeaker of the house of representatives on the number of assaults related to andthe number of deaths caused directly by domestic violence, including, but notlimited to, homicides of victims, self-defense killings of alleged perpetrators,and incidental killings of children, peace officers, persons at work, neighbors,and bystanders in the course of episodes of domestic violence.

Source:L. 94: Entire section added, p. 2029, § 5, effective July 1