§ 13-14-100.2 — Legislative declaration

Colorado § 13-14-100.2

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Civil Protection Orders

Text

(1) The general assembly hereby finds
that the issuance and enforcement of protection orders are of paramount
importance in the state of Colorado because protection orders promote safety,
reduce violence and other types of abuse, and prevent serious harm and death. In
order to improve the public's access to protection orders and to ensure careful
judicial consideration of requests and effective law enforcement, there shall be two
processes for obtaining protection orders within the state of Colorado, a simplified
civil process and a mandatory criminal process.

(2) The general assembly further finds and declares that domestic abuse is
not limited to physical threats of violence and harm but also includes domestic
violence, mental and emotional abuse, financial control, document control, property
control, and other types of control that make a victim more likely to return to an
abuser due to fear of retaliation or inability to meet basic needs. Many victims of
domestic abuse, particularly victims of domestic violence, are unable to access the
resources necessary to seek lasting safety options. Victims need additional
provisions in protection orders so that they can meet their immediate needs of food,
shelter, transportation, medical care, and childcare for their appearance at
protection order hearings. These needs may exist not only in cases that may end in
dissolution of marriage but also in other circumstances, including cases in which
reconciliation may occur.

(3) Additionally, the general assembly finds and declares that sexual
violence affects Coloradans of all ages, backgrounds, and circumstances and is one
of the most underreported of all crimes. Sexual violence may occur in any type of
relationship; however, the majority of sexual violence is perpetrated by someone
whom the victim knows. Sexual violence can occur in person, online, or through
technology and may be physical, verbal, written, pictorial, or visual. Victims of
sexual violence who do not report the crime, as well as victims who do report but
whose case is not prosecuted, still need and deserve protection from future
interactions with the perpetrator, as many victims experience long-lasting physical
and emotional trauma from unwanted contact with the perpetrator.

(4) Finally, the general assembly finds and declares that stalking is a
dangerous, high-risk crime that can exist in the context of domestic violence and
may escalate over time, and that sometimes leads to sexual violence or homicide.
Countless youth and adults in Colorado have faced the fear, isolation, and danger of
being victims of stalking, and many of these incidents go unreported and are not
prosecuted. While stalking behaviors may appear innocuous to outside observers,
the victims often endure intense physical and emotional distress that affects all
aspects of their lives and are more likely than others to express anxiety, depression,
and social dysfunction.

Legislative History

Source: L. 2013: Entire section added with relocations, (HB 13-1259), ch. 218, p. 1001, � 5, effective July 1. L. 2024: (2) to (4) amended, (HB 24-1122), ch. 330, p. 2229, � 1, effective January 1, 2025.