Effective July 1, 2013 The bill establishing these new protections, HB13-1259, has two main sections: changes to domestic relations laws in Title 14 and changes to civil protection order laws in Title 13 of Colorado’s Revised Statutes*.
Substantive Revisions to the Domestic Relations Statutes Include:
Expanding rights of children: the right to be safe & reside in homes free of abuse;
Directing the court to consider evidence of domestic violence and child abuse or neglect and to make findings before making determinations about parental responsibilities;
Directing the court to consider all best interest of the child factors in light of such abuse;
Prohibiting the court from holding a parent’s protective actions to prevent the child from witnessing or being a victim of domestic violence or child abuse against that parent;
Requiring the court to consider safety conditions when awarding parenting time to a person found to have committed domestic violence or child abuse;
Strengthening & clarifying the presumption against mutual decision-making in cases involving domestic violence;
Directing the court to consider past and present domestic violence with relocation requests;
Extending the timeframe for holding a hearing on emergency motions to restrict from 7 to 14 days; and
Giving the court discretion over the appointment of parental responsibilities evaluators.
Substantive Revisions to the Civil Protection Order Statutes Include:
Expanding eligibility for emergency protection orders to include abuse of elders/at-risk adults, sexual assault and stalking, which crimes are already eligible for temporary and permanent protection orders;
Extending the timeframe for temporary care/control orders from four months to one year;
Adding a new factor for court consideration of requests for modification or dismissal of an order: whether the order should stand as it is necessary to the continued safety of the protected person; and
Reducing the waiting period for modification/dismissal of permanent orders from four to two years & expanding the types of criminal convictions for which a respondent becomes ineligible for modification/dismissal.
For questions about or technical assistance with the information provided in this document contact:
Amy Miller, Public Policy Director at 303.962.0933 or 888.778.7091, Ext. 812 or firstname.lastname@example.org. *Access state statutes, forms, instructions and other information at www.courts.state.co.us
Colorado Coalition Against Domestic Violence • 1120 Lincoln Street, Suite 900 • Denver, CO 80203