18-1-1001 - Criminal Restraining Orders- Orders and proceedings against a Defendant

(2) At the time of arraignment or the person's firstappearance before the court, the court shall inform the defendant of therestraining order effective pursuant to this section and shall inform thedefendant that a violation of such order is punishable by contempt.

(3) Nothing in this section shall preclude the defendant fromapplying to the court at any time for modification or dismissal of therestraining order issued pursuant to this section or the district attorney fromapplying to the court at any time for further orders, additional provisionsunder the restraining order, or modification or dismissal of the same. The trialcourt shall retain jurisdiction to enforce, modify, or dismiss the restrainingorder until final disposition of the action. Upon motion of the districtattorney, 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), enterany 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 orderissued pursuant to this section commits the crime of violation of a restrainingorder and may be punished as provided in section 18-6-803.5.

(5) Before a defendant is released on bail pursuant toarticle 4 of title 16, C.R.S., the court shall, in cases involving domesticviolence as defined in section 18-6-800.3 (1), state the terms of therestraining order issued pursuant to this section, including any additionalprovisions added pursuant to subsection (3) of this section, to the defendant onthe record and the court shall further require the defendant to acknowledge therestraining order as a condition of any bond for the release of the defendant.The prosecuting attorney shall, in such domestic violence cases, notify thealleged victim, the complainant, and the protected person of the order if suchpersons are not present at the time the restraining order is issued.

(6) The defendant or, in cases involving domestic violence asdefined in section 18-6-800.3 (1), the prosecuting attorney may request ahearing before the court to modify the terms of a restraining order issuedpursuant to the section. Upon such a request, the court shall set a hearing andthe prosecuting attorney shall send notice of the hearing to the defendant andthe alleged victim. At the hearing the court shall review the terms of therestraining order and any further orders entered and shall consider themodifications, if any, requested by the defendant or the prosecuting attorney.

(7) The duties of peace officers enforcing orders issuedpursuant to this section shall be in accordance with section 18-6-803.5 and anyrules 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 partadded, p. 500, § 3, effective July 1. L. 85: (1) and (2) amended, p. 617, §10, effective July 1. L. 91: Entire sectionamended, 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) andIP(3) amended and (8) added, p. 1442, § 28, effective July 1.

Editor's note: Amendments tosubsection (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 wereharmonized.

Cross references: Forrestraining orders against children under the "Colorado Children'sCode", see § 19-3-103.1; for the "Colorado Victim and WitnessProtection Act of 1984", see part 7 of article 8 of this title.

Classifying a violation of a criminalrestraining order as a crime more serious than the offense of violating adomestic abuse restraining order does not violate equal protection of the laws.This section seeks to protect those who must present evidence in the criminaljustice system while section 14-4-102 is designed to protect persons in avolatile domestic setting. People v. Brockelman, 862 P.2d 1040 (Colo. App.1993).