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Legal Statutes: Colorado

UPDATED September 18, 2017

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Part 8. Domestic Violence.

back to top§ 18-6-803.7. Central registry of protection orders - creation.

(1) As used in this section:

(a) “Bureau” means the Colorado bureau of investigation.

(b) “Protected person” means the person or persons identified in the protection order as the person or persons for whose benefit the protection order was issued.

(b.5)(I) “Protection order” means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any protected 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:

(A) Article 14 of title 13, C.R.S., section 18-1-1001, section 19-2-707, C.R.S., section 19-4-111, C.R.S., or rule 365 of the Colorado rules of county court civil procedure;

(B) 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., or section 19-3-316, C.R.S., as those sections existed prior to July 1, 2004; or

(C) An order issued as part of the proceedings concerning a criminal municipal ordinance violation.

(II) “Protection order” also includes any restraining order entered prior to July 1, 2003, and any foreign protection order as described in section 13-14-110, C.R.S.

(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) Deleted by Laws 2003, Ch. 139, § 7, eff. July 1, 2003.

(f) “Subsequent order” means an order which amends, modifies, supplements, or supersedes a protection order.

(2)(a) There is hereby created in the bureau a computerized central registry of protection orders which shall be accessible to any state law enforcement agency or to any local law enforcement agency having a terminal which communicates with the bureau. The central registry computers shall communicate with computers operated by the state judicial department.

(b) Protection orders and subsequent orders shall be entered into the registry by the clerk of the court issuing the protection 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 protection 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 protection 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) Protection 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 protection 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 protection order or subsequent order, if any, the bureau shall note the termination in the registry.

(f) In the event the protection 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 protection order or subsequent order in the registry.

(3)(a) In addition to any information, notice, or warning required by law, a protection order or subsequent order entered into the registry shall contain the following information, 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 protection 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 protection order, if any;

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

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

(VIII) An indication whether the conditions of the protection order are also conditions of a bail bond for a felony charge.

(b) If available, the protection order or subsequent order shall contain the fingerprint-based state identification number issued by the bureau to the restrained person.
Added by Laws 1994, H.B.94-1090, § 8, eff. Jan. 1, 1995. Amended by Laws 1996, H.B.96-1005, § 27, eff. Jan. 1, 1997; Laws 1998, Ch. 251, § 5, eff. May 27, 1998; Laws 1998, Ch. 293, § 4, eff. July 1, 1998; Laws 1999, Ch. 157, § 12, eff. July 1, 1999; Laws 2003, Ch. 139, § 7, eff. July 1, 2003; Laws 2004, Ch. 178, § 13, eff. July 1, 2004; Laws 2010, Ch. 177, § 1, eff. April 29, 2010; Laws 2013, Ch. 218, § 20, eff. July 1, 2013.