BY REPRESENTATIVES Tucker and Epps;
also SENATOR Mutzebaugh.
CONCERNING CONSOLIDATION OF PROCEDURES FOR ISSUING
CIVIL RESTRAINING ORDERS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article
1 of title 13, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
131136. Civil restraining
orders single set of forms. (1) THE
GENERAL ASSEMBLY HEREBY FINDS THAT THE STATUTES PROVIDE FOR THE
ISSUANCE OF SEVERAL TYPES OF CIVIL RESTRAINING ORDERS TO PROTECT
THE PUBLIC, BUT THAT MANY OF THESE RESTRAINING ORDERS HAVE MANY
ELEMENTS IN COMMON. THE GENERAL ASSEMBLY ALSO FINDS THAT CONSOLIDATING
THE VARIOUS FORMS FOR ISSUING CIVIL RESTRAINING ORDERS AND CREATING,
TO THE EXTENT POSSIBLE, A STANDARDIZED SET OF FORMS THAT WILL
BE APPLICABLE TO THE ISSUANCE OF CIVIL RESTRAINING ORDERS WILL
SIMPLIFY THE PROCEDURES FOR ISSUING THESE RESTRAINING ORDERS AND
ENHANCE THE EFFICIENT USE OF THE COURTS' AND CITIZENS' TIME AND
RESOURCES.
(2) ON OR BEFORE MARCH 1, 1999, THE STATE
COURT ADMINISTRATOR, PURSUANT TO THE RULEMAKING AUTHORITY
OF THE COLORADO SUPREME COURT, SHALL DESIGN AND MAKE AVAILABLE
TO THE COURTS COPIES OF A STANDARDIZED SET OF FORMS THAT SHALL
BE USED IN THE ISSUANCE OF CIVIL RESTRAINING ORDERS ISSUED PURSUANT
TO SECTION 136107 OR SECTION 144102 OR
1410108, C.R.S., OR RULE 365 OF THE COLORADO RULES
OF COUNTY COURT CIVIL PROCEDURE. THE STATE COURT ADMINISTRATOR
SHALL DESIGN THE STANDARDIZED SET OF FORMS IN SUCH A MANNER AS
TO MAKE THE FORMS EASY TO UNDERSTAND AND USE AND IN SUCH A MANNER
AS WILL FACILITATE AND IMPROVE THE PROCEDURE FOR REQUESTING, ISSUING,
AND ENFORCING CIVIL RESTRAINING ORDERS.
(3) IN DEVELOPING THE STANDARDIZED SET
OF FORMS FOR THE ISSUANCE OF CIVIL RESTRAINING ORDERS PURSUANT
TO THIS SECTION, THE STATE COURT ADMINISTRATOR SHALL WORK WITH
REPRESENTATIVES OF MUNICIPAL, COUNTY, AND DISTRICT COURT JUDGES,
LAW ENFORCEMENT, A MEMBER OF THE COLORADO BAR ASSOCIATION, AND
REPRESENTATIVES OF OTHER INTERESTED GROUPS.
SECTION 2. 136107
(1) and (5), Colorado Revised Statutes, are amended to read:
136107. Restraining orders
to prevent emotional abuse of the elderly.
(1) A county court shall have authority to issue temporary
and permanent restraining orders to prevent emotional abuse of
the elderly. ANY RESTRAINING ORDER ISSUED PURSUANT TO THIS SECTION
ON OR AFTER MARCH 1, 1999, SHALL BE ISSUED USING THE STANDARDIZED
SET OF FORMS DEVELOPED BY THE STATE COURT ADMINISTRATOR PURSUANT
TO SECTION 131136.
(5) Upon the filing of a complaint duly
verified, alleging that the defendant has committed acts constituting
emotional abuse of an elderly person, any judge or magistrate,
after hearing the evidence and being fully satisfied therein that
sufficient cause exists, may issue a temporary restraining order
on a standardized form prescribed
by the judicial department to prevent
such abuse and a citation directed to the defendant commanding
the defendant to appear before the court at a specific time and
date, to show cause, if any, why said temporary restraining order
should not be made permanent. Complaints may be filed by the
elderly person or by persons listed in section 263.1102
(1) (b) and (1) (c), C.R.S.
SECTION 3. 144102
(1) and (5), Colorado Revised Statutes, are amended to read:
144102. Restraining orders
to prevent domestic abuse. (1) A
municipal court of record, if authorized by the municipal governing
body, county court, and district court shall have authority to
issue temporary and permanent restraining orders to prevent domestic
abuse whether or not such relief could be obtained in a domestic
relations action filed in a district court. ANY RESTRAINING ORDER
ISSUED PURSUANT TO THIS SECTION ON OR AFTER MARCH 1, 1999, SHALL
BE ISSUED USING THE STANDARDIZED SET OF FORMS DEVELOPED BY THE
STATE COURT ADMINISTRATOR PURSUANT TO SECTION 131136,
C.R.S.
(5) Upon the filing of a complaint, duly
verified, alleging that the defendant has committed acts constituting
domestic abuse against the plaintiff or a minor child of either
of the parties, any judge of a municipal, county, or district
court, after hearing the evidence and being fully satisfied therein
that sufficient cause exists, may issue a temporary restraining
order on a standardized form prescribed
by the judicial department to prevent
domestic abuse and a citation directed to the defendant, commanding
such defendant to appear before the court at a specific time and
date, to show cause, if any, why said temporary restraining order
should not be made permanent. However, 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 this title, 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 1410108.
SECTION 4. 1410108
(3), Colorado Revised Statutes, is amended, and the said 1410108
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
1410108. Temporary order
or temporary injunction. (2.3) ANY
RESTRAINING ORDER ISSUED PURSUANT TO THIS SECTION ON OR AFTER
MARCH 1, 1999, SHALL BE ISSUED USING THE STANDARDIZED SET OF FORMS
DEVELOPED BY THE STATE COURT ADMINISTRATOR PURSUANT TO SECTION
131136, C.R.S.
(3) The court may issue a temporary restraining
order without requiring notice to the other party only if it finds,
on the basis of the moving affidavit or other evidence, that irreparable
injury would result to the moving party if no order were issued
until the time for responding had elapsed. Any
temporary restraining order issued pursuant to this section shall
be on a standardized form prescribed by the judicial department
and A copy OF ANY TEMPORARY RESTRAINING
ORDER ISSUED PURSUANT TO THIS SECTION shall be provided to the
protected parties.
SECTION 5. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO