§ 14-40. Domestic violence.

(a)

Definitions. Unless the text clearly requires otherwise, the following words and phrases shall have the meanings indicated:

(1)

Court means any of the county district courts or county courts, and the municipal court.

(2)

Domestic violence includes, but is not limited to, any of the following offenses when committed by one family or household member against another family or household member:

a.

Assault, section 10-51; C.R.S. §§ 18-3-202 to 18-3-204;

b.

Brandishing weapons, section 10-167;

c.

Burglary, C.R.S. §§ 18-4-202 to 18-4-204;

d.

Criminal extortion, section 10-53; C.R.S. § 18-3-207;

e.

Criminal mischief, section 10-88; C.R.S. § 18-4-501;

f.

Disorderly conduct, section 10-54;

g.

Disturbing quiet enjoyment of home, section 10-55;

h.

Harassment, section 10-56; C.R.S. § 18-9-111;

i.

Kidnapping, C.R.S. §§ 18-3-301, 18-3-302;

j.

Menacing, section 10-60; C.R.S. § 18-3-206;

k.

Reckless endangerment, section 10-62; C.R.S. § 18-3-208;

l.

Sexual assault (rape), C.R.S. §§ 18-3-402 to 18-3-404;

m.

Theft, section 10-98; C.R.S. § 18-4-401;

n.

Trespassing, section 10-99; C.R.S. §§ 18-4-503 and 18-4-504;

o.

Unlawful imprisonment, C.R.S. § 18-3-303;

p.

Vehicular assault, C.R.S. § 18-3-205;

q.

Violation of custody, C.R.S. § 18-3-304;

r.

Violation of protective order, C.R.S. § 14-4-103;

s.

Violation of restraining order, C.R.S. § 14-4-102;

t.

Attempting to commit any of the offenses specified in this subsection (a)(2) against a family or household member, section 10-5; C.R.S. § 18-2-101;

u.

Aiding, abetting or advising another to commit any of the offenses specified in this subsection (a)(2) against a family or household member, section 10-4; C.R.S. § 18-2-101; and

v.

Conspiracy to commit any of the offenses specified in this subsection (a)(2) against a family or household member, section 10-6; C.R.S. § 18-2-201.

(3)

Family or household members means:

a.

Spouses; former spouses; adult persons related by blood, adoption or marriage; persons who have a child in common regardless of whether they have been married or have lived together at any time; and persons of either sex who are presently residing together in an intimate relationship or who have resided together in an intimate relationship in the past; or

b.

The children of any person specified in subsection (a)(3)a. above.

(4)

Judicial day means any day in which a court convenes or is formally in session.

(5)

Victim means any family or household member who has been subjected to domestic violence.

(b)

Violations. It shall be unlawful for any person to commit an act of domestic violence.

(c)

Penalties. A person who is found guilty at trial or who pleads guilty or no contest to a violation of this section shall be guilty of a misdemeanor punishable pursuant to this Code. In addition, the court shall have discretion to order sentences which include treatment for drug or alcohol abuse, counseling for domestic violence, counseling for mental health disorders, community service work programs, or contact limitation orders. Whenever the court orders counseling for domestic violence, the court shall, to the extent possible, order such counseling to occur in a treatment program certified pursuant to C.R.S. §§ 18-6-802 and 18-6-803.

(d)

Duties of the municipal court. Because of the serious nature of domestic violence, the court in domestic violence actions:

(1)

Shall not dismiss any charge or delay arraignment or disposition because of concurrent dissolution or other judicial proceedings;

(2)

Shall waive any requirement that the victim's location or residence be disclosed to any other person unless such person shows the court by clear and convincing evidence that the possibility for further violence is slight and the victim's location or residence is necessary for purposes of formulating an affirmative defense;

(3)

Shall make pretrial contact limitation orders pursuant to subsection (e) of this section and such other pretrial orders which accommodate the defendant's ability to acquire necessary information and personal belongings without subjecting the victim to the possibility of further violence;

(4)

Shall arraign domestic violence cases on the next judicial day whenever possible, but in no case shall arraignment occur more than six (6) days after the date of the alleged offense;

(5)

Shall give domestic violence cases priority on the docket and make a concerted effort to bring such cases to trial within thirty (30) days after arraignment.

(e)

Contact limitation orders. If the defendant may be released from custody, by bond or otherwise, the court authorizing such bond or such release may enter a contact limitation order which limits or restricts the defendant's contacts, in person or otherwise, with the victim or other family or household members.

(1)

By way of illustration, but not limitation, such contact limitation orders may include:

a.

Limiting, restricting, restraining or conditioning the defendant's contacts, in person or otherwise, with the victim or other family or household members;

b.

Excluding the defendant from the family home upon a showing that physical or emotional harm would otherwise result;

c.

Excluding the defendant from the homes of others, such as friends or family members of the victim, upon a showing that physical or emotional harm would otherwise result;

d.

Requiring the victim or other person to deliver information or belongings to another specified person or police officer who shall, in turn, deliver the information or belongings to the defendant; and

e.

Permitting the defendant to have limited access to the family home or victim's residence only when the victim or other family or household members will not be present and/or only when escorted by a police officer.

(2)

The court may authorize a defendant's release and enter a contact limitation order by telephone and further authorize the court clerk or other person to issue such order in writing to the defendant. The written order releasing the defendant shall contain the court's directives and shall contain the following notice:

VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE WHICH WILL SUBJECT THE DEFENDANT TO IMMEDIATE ARREST AND DETENTION.

(3)

If the defendant fails to comply with a contact limitation order, the defendant commits a separate offense, which may be charged pursuant to subsection (e)(8) of this section. If the defendant fails to comply with a contact limitation order but is not formally charged with a separate offense, the court, in its discretion, may find the defendant in contempt of court and impose penalties as the court deems just.

(4)

Contact limitation orders issued prior to arraignment shall expire after six (6) days. Contact limitation orders issued after arraignment but prior to trial shall expire immediately upon completion of the trial or upon other final resolution of the case. If the court continues the trial date for some reason, the court may vacate, modify or continue the contact limitation order. Absent specific findings and orders by the court to the contrary, pretrial contact limitation orders are presumed to continue in full force and effect until the completion of the trial or other final resolution of the case.

(5)

Contact limitation orders issued after trial shall expire one year after the date of the order unless the order expressly indicates a sooner expiration date. Contact limitation orders issued after trial shall also terminate whenever a subsequent order regarding the same parties is issued pursuant to the Uniform Dissolution of Marriage Act [C.R.S. § 14-10-101 et seq.], or the Uniform Child Custody Jurisdiction Act [C.R.S. § 14-13-101 et seq.], or the Colorado Children's Code [C.R.S. tit. 19].

(6)

A copy of any contact limitation order shall be supplied to the protected party as soon as possible after it is issued and, preferably, before the defendant is released.

(7)

The party protected by a contact limitation order shall show such order to any law enforcement officer called to enforce it.

(8)

It shall be unlawful for any person knowingly to violate or fail to comply with the terms of a contact limitation order issued and entered by a municipal court judge pursuant to this subsection.

(f)

Hold pending arraignment. Whenever the court finds a substantial likelihood that a defendant, if released from custody, would commit additional acts of domestic violence against the victim or other family or household members which would cause serious bodily injury or death to either the victim or another family or household member, the court may order that the defendant be held without bond pending arraignment or advisement of rights regarding the alleged offense. If the court orders a hold pending arraignment, however, the defendant shall be arraigned for the alleged offense on the next judicial day. For purposes of deciding the propriety of a hold pending arraignment, the court should consider, among other evidence, the following:

(1)

The nature and extent of the injuries sustained by the victim in the offense charged;

(2)

The defendant's history of domestic violence against the victim or other family or household members or of violence against any person;

(3)

Any records of any law enforcement agency regarding past contacts with the defendant, the victim, or other family or household members concerning domestic violence committed by the defendant; and

(4)

Whether the information presented to the court, taken as a whole, indicates a pattern of escalation, either in frequency or severity, in domestic violence acts by the defendant.

(g)

Appearance by victim. Whenever a defendant receives a summons and complaint for a domestic violence violation, the police officer who served such summons and complaint may also serve the victim with a subpoena to appear at the same time and date scheduled for the defendant's arraignment. Such subpoena to appear shall be issued by the clerk of the municipal court and the officer who serves the subpoena shall complete the return of service and deliver it to the court. If the victim appears and the matter is not resolved by pretrial conference following the defendant's arraignment, the court shall order the victim to appear at the date and time scheduled for the defendant's trial and the victim shall sign and receive a copy of a notice to appear. The court shall exercise its contempt and equity powers to compel the appearance of victims which have been subpoenaed or otherwise ordered to appear.

(h)

Service of orders. An order, summons and complaint, subpoena or other document issued pursuant to this section shall be personally served upon the appropriate party by the police department or sheriff.

(1)

Whenever necessary, the clerk of the court shall forward a copy of the summons, subpoena or order to the appropriate law enforcement agency for service upon the appropriate party. If a sheriff requires fees for service or mileage, the clerk shall pay such fees and notify the court. Upon a conviction, the court shall assess such service fees against the defendant.

(2)

If the police department or sheriff cannot complete service within ten (10) days, or forty-eight (48) hours before the date and time of appearance, the police department or sheriff shall notify the clerk of the court.

(3)

Returns or service shall be made in accordance with the applicable rules of court.