Domestic Abuse — C.R.S. 14-4

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Index

Current law

14-4-101 - Definitions (Repealed, 2004).

14-4-102 - Restraining orders to prevent domestic violence (Repealed, 1999)

14-4-103 - Emergency protection orders (Repealed, 2004).

14-4-104 - Duties of peace officers - enforcement of emergency protection orders (Repealed, 2004).

14-4-105 - Violations of orders.

14-4-106 - Venue (Repealed, 2010)

14-4-107 - Family violence justice fund - creation - grants from fund.

Commentary

Suggested revisions

14-4-105 - Violations of orders.


 

Current law (September 2010)

14-4-101 - Definitions (Repealed, 2004).

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Source: L. 82: Entire article added, p. 299, § 1, effective April 23. L. 89: (2) amended, p. 783, § 1, effective April 19. L. 95: (2) amended, p. 513, § 1, effective July 1. L. 2004: Entire section repealed, p. 554, § 5, effective July 1.

 

Law reviews. For article, "Legislative Activities in Family Law", see 11 Colo. Law. 1560 (1982). For article, "Injunctive Remedies for Interpersonal Violence", see 18 Colo. Law. 1743 (1989). For article, "What Family Law Practitioners Should Know About Domestic Violence", see 19 Colo. Law. 53 (1990).


 

14-4-102 Restraining orders to prevent domestic violence (Repealed, 1999)

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NOTE: Civil restraining orders for domestic abuse are now issued under § 13-14-102 C.R.S.


 

14-4-103 - Emergency protection orders (Repealed, 2004)

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Source: L. 82: Entire article added, p. 300, § 1, effective April 23. L. 83: (3)(a) amended, p. 640, § 1, effective April 29. L. 89: (3)(a) and (4) amended, p. 785, § 3, effective April 19. L. 91: (4) amended, p. 239, § 1, effective July 1. L. 96: (5) amended, p. 1840, § 1, effective July 1. L. 99 : (4) amended, p. 501, § 7, effective July 1. L. 2003: (4) amended, p. 1010 § 12, effective July 1. L. 2004: entire section repealed, p. 554 § 5, effective July 1.

Cross references: For emergency protection orders under the "Colorado Children's Code", see § 19-1-113.

Law reviews. For article, "Legislative Activities in Family Law", see 11 Colo. Law. 1560 (1982). For article, "Injunctive Remedies for Interpersonal Violence", see 18 Colo. Law. 1743 (1989). For article, "No Contact Order in Domestic Violence Cases", see 21 Colo. Law. 1629 (1992).

County court had subject matter jurisdiction to issue restraining order permanently enjoining father from contacting minor child pursuant to § 14-4-102 and subsection (3) of this section as an incident of the powers granted to prevent domestic abuse. Stuckey v. Stuckey, 768 P.2d 694 (Colo. 1989).


 

14-4-104 - Duties of peace officers - enforcement of emergency protection orders (Repealed, 2004).

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Source: L. 82: Entire article added, p. 301, § 1, effective April 23. L. 85: Entire section R&RE, p. 585, § 1, effective March 10. L. 89: Entire section amended, p. 785, § 4, effective April 19. L. 91: (1) amended, p. 420, § 5, effective May 31. L. 92: Entire section amended, p. 293, § 3, effective April 23; entire section amended, p. 175, § 1, effective July 1. L. 94: Entire section amended, p. 2033, § 10, effective July 1; entire section amended, p. 2007, § 3, effective January 1, 1995. L. 99: Entire section amended, p. 502, § 8, effective July 1. L. 2004: entire section repealed, p. 554 § 5, effective July 1.

Law reviews. For article, "Legislative Activities in Family Law", see 11 Colo. Law. 1560 (1982). For article, "Injunctive Remedies for Interpersonal Violence", see 18 Colo. Law. 1743 (1989).


 

14-4-105 - Violations of orders.

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A person failing to comply with any order of the court issued pursuant to this article shall be found in contempt of court and, in addition, may be punished as provided in section 18-6-803.5, C.R.S.

 

Source: L. 82: Entire article added, p. 301, § 1, effective April 23. L. 91: Entire section amended, p. 419, § 2, effective May 31.

Law reviews. For article, "Legislative Activities in Family Law," see 11 Colo. Law. 1560 (1982).


 

14-4-106 - Venue (repealed).

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Source: L. 95: Entire section added, p. 569, § 7, effective July 1, L. 2010: Entire section repealed, (HB 10-1422), ch. 419, p. 2069, § 24, effective August 11.


 

14-4-107. Family violence justice fund - creation - grants from fund.

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(1) There is hereby established in the state treasury the family violence justice fund, hereafter referred to as the "fund". Pursuant to subsection (3) of this section, the state court administrator is authorized to make grants from the fund directly to qualifying organizations providing civil legal services to indigent residents of the state of Colorado.

(2) Grants from the fund shall be used to fund qualifying organizations to provide legal advice, representation, and advocacy for and on behalf of indigent clients who are victims of family violence. Moneys from the fund may be provided for services that include, but are not limited to:

(a) The provision of direct legal representation to victims of family violence in resolving their civil legal matters and removing impediments to the elimination of family violence. Such representation may include, but need not be limited to, representation in any protection order proceeding, action for dissolution of marriage, legal separation, or declaration of invalidity of marriage, paternity action, child custody action, proceeding to establish or enforce child support, administrative hearings, or any other judicial actions in which family violence is an issue or in which legal representation is necessary to protect the interests of a victim of family violence.

(b) The provision of clinics designed to educate and assist indigent victims of family violence in the proceedings set forth in paragraph (a) of this subsection (2);

(c) The provision of legal information and advice to victims of family violence, referrals to appropriate persons or agencies, and the provision of emergency assistance in appropriate cases by telephone, electronic communication, or other appropriate means.

(3) A qualifying organization seeking to receive a grant from the fund shall submit an application each year to the state court administrator on a form provided by such administrator. The application form shall request any information which the administrator may need in determining the qualifications of the organization for receipt of a grant. Commencing July 1, 1999, and quarterly thereafter, the state court administrator shall distribute grants from the fund, subject to available appropriations, to a qualifying organization for each county or city and county based upon the following formula:

(a) The total moneys shall be disbursed in proportion to the number of persons living below the poverty line in each county or city and county as determined by the most recent census published by the bureau of the census of the United States department of commerce.

(b) If there is more than one qualifying organization within a county or city and county, the proportionate share of the fund for such county or city and county disbursed to each such qualifying organization shall be allocated in proportion to the number of indigent family violence clients served by each qualifying organization or its predecessor in the preceding year.

(4)

(a) In addition to any appropriation from the general fund, the state court administrator is authorized to accept on behalf of the state any funds, grants, gifts, or donations from any private or public source for the purpose of implementing this section. All private and public funds received through grants, gifts, or donations shall be transmitted to the state treasurer who shall credit the same to the family violence justice fund.

(b) The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the administration of this section. The state court administrator of the judicial department, subject to annual appropriation by the general assembly, is authorized to expend moneys appropriated to the department from the fund to qualifying organizations for the purposes described in this section; except that the amount expended for indirect costs associated with the administration of this section shall not exceed three percent of the moneys appropriated to the fund in any fiscal year. All investment earnings derived from the deposit and investment of the moneys in the fund shall be credited to the fund. Any moneys not appropriated shall remain in the fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year.

(4.5) Notwithstanding any other provision of this section, the state court administrator shall apply the moneys generated from fees collected pursuant to section 13-32-101 (1) (a) and (1) (b), C.R.S., to grants to qualifying organizations that provide services described in subsection (2) of this section for or on behalf of indigent persons or their families who are married, separated, or divorced.

(5) For purposes of this section:

(a) "Administrator" means the state court administrator in the state judicial department.

(b) "Family violence" has the same meaning as "domestic abuse" as set forth in section 13-14-101 (2), C.R.S.

(c) "Fund" means the family violence justice fund.

(d) "Indigent" means a person whose income does not exceed one hundred twenty-five percent of the current federal poverty guidelines determined annually by the United States department of health and human services.

(e) "Protection order" has the same meaning as set forth in section 18-6-803.7 (1) (a.5), C.R.S.

(f) "Qualifying organization" means an organization that:

(I) Provides full service civil legal services to indigent clients;

(II) Is based in Colorado;

(III) Is exempt from taxation pursuant to section 501 (c) (3) of the Internal Revenue Code; and

(IV) Obtains more than thirty-three percent of its funding from sources other than grants from the fund.

 

Source: L. 99: Entire section added, p. 1178, § 5, effective June 2. L. 2003: (2)(a) and (5)(e) amended, p. 1010, § 13, effective July 1. L. 2004: (5)(b) amended, p. 554, § 9, effective July 1. L. 2009: (4.5) added, (SB 09-068), ch. 264, p. 1211, § 6, effective July 1. L. 2010: (3)(a) amended, (HB 10-1422), ch. 419, p. 2069, § 25, effective August 11.

 

Editor's note : In 2003, subsection (5)(e), as enacted in 1999, was relettered on revision as (5)(f), and subsection (5)(f), as enacted in 1999 and as amended by House Bill 03-1117, was relettered on revision as (5)(e) to put the defined terms in alphabetical order. (For House Bill 03-1117, see L. 2003, p. 1010.)

Commentary

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There seems to be little argument that on occasion an emergency restraining order is of value. However, in 2004 the Colorado legislature saw fit to repeal the operative sections of this statute but kept violations, venue, and the family violence justice fund. It is the position of the Equal Justice Foundation that this entire statute should be repealed.

In the alternative the following revisions should be made.


 

Suggested revisions

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Proposed changes follow the format:

• Text in ordinary font is language that exists now.

Note: indicates intention or reason for proposed changes on following lines.

• Language to be removed is indicated by striking it out.

• Language to be added is indicated by text in [ non-proportional Courier font] surrounded by square brackets [ ].


 

14-4-105 - Violations of orders.

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Note: There is no remaining action under which a court may issue an order in this statute and this section should be repealed.

A person failing to comply with any order of the court issued pursuant to this article shall be found in contempt of court and, in addition, may be punished as provided in section 18-6-803.5, C.R.S.

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Last modified 3/9/14