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: Colorado

Estatutos Seleccionados: Colorado

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13 de octubre de 2023

§ 13-14.5-106. Service of protection orders

(1) An extreme risk protection order issued pursuant to section 13-14.5-105 must be served personally upon the respondent, except as otherwise provided in this article 14.5.

(2) The law enforcement agency in the jurisdiction where the respondent resides shall serve the respondent personally.

(3) The court clerk shall forward a copy of the extreme risk protection order issued pursuant to this article 14.5 on or before the next court day to the law enforcement agency specified in the order for service. Service of an order issued pursuant to this article 14.5 takes precedence over the service of other documents, unless the other documents are of a similar emergency nature.

(4) If the law enforcement agency cannot complete service upon the respondent within five days, the law enforcement agency shall notify the petitioner. The petitioner shall then provide any additional information regarding the respondent’s whereabouts to the law enforcement agency to effect service. The law enforcement agency may request additional time to allow for the proper and safe planning and execution of the court order.

(5) If an extreme risk protection order entered by the court states that the respondent appeared in person before the court, the necessity for further service is waived, and proof of service of that order is not necessary.

(6) Returns of service pursuant to this article 14.5 must be made in accordance with the applicable court rules.

(7) If the respondent is a veteran and there are any criminal charges against the respondent that result from the service or enforcement of the extreme risk protection order, the judge shall refer the case to a veterans court if the jurisdiction has a veterans court and the charges are veterans court eligible.