(1) A municipal
court of record that is authorized by its municipal governing body to issue
protection or restraining orders and any county court, in connection with issuing a
civil protection order, has original concurrent jurisdiction with the district court to
include any provisions in the order that the municipal or county court deems
necessary for the protection of persons, including but not limited to orders:
(a) Restraining a party from threatening, molesting, or injuring any other
party or the minor child of either of the parties;
(b) Restraining a party from contacting any other party or the minor child of
either of the parties;
(c) Excluding a party from the family home upon a showing that physical or
emotional harm would otherwise result;
(d) Excluding a party from the home of another party upon a showing that
physical or emotional harm would otherwise result;
(e) Repealed.
(f) Restraining a party from interfering with a protected person at the
person's place of employment or place of education or from engaging in conduct
that impairs the protected person's employment, educational relationships, or
environment;
(g) Restraining a party from molesting, injuring, killing, taking, transferring,
encumbering, concealing, disposing of or threatening harm to an animal owned,
possessed, leased, kept, or held by any other party or a minor child of any other
party;
(h) Specifying arrangements for possession and care of an animal owned,
possessed, leased, kept, or held by any other party or a minor child of any other
party;
(i) Granting such other relief as the court deems appropriate;
(j) (I) Entering a temporary injunction restraining the respondent from
ceasing to make payments for mortgage or rent, insurance, utilities or related
services, transportation, medical care, or child care when the respondent has a prior
existing duty or legal obligation or from transferring, encumbering, concealing, or
in any way disposing of personal effects or real property, except in the usual course
of business or for the necessities of life and requiring the restrained party to
account to the court for all extraordinary expenditures made after the injunction is
in effect.
(II) Any injunction issued pursuant to this paragraph (j) is effective upon
personal service or upon waiver and acceptance of service by the respondent for a
period of time determined appropriate by the court not to exceed one year after the
issuance of the permanent civil protection order.
(III) The provisions of the injunction must be printed on the summons, and the
petition and the injunction become an order of the court upon fulfillment of the
requirements of subparagraph (I) of this paragraph (j).
(IV) Nothing in this paragraph (j) precludes either party from applying to the
district court for further temporary orders, an expanded temporary injunction, or
modification or revocation. Any subsequent order issued by the district court as
part of a domestic matter involving the parties supersedes an injunction made
pursuant to this paragraph (j).
(1.5) (a) A municipal court of record that is authorized by its municipal
governing body to issue civil protection or restraining orders and any county court,
in connection with issuing a civil protection order, has original concurrent
jurisdiction with the district court and shall include in the order, at the request of
the petitioner or respondent, a provision awarding temporary care and control of
any joint or shared minor children of the parties involved for a period of not more
than one year after the date on which the temporary care and control is awarded in
the temporary protection order; except that, this subsection (1.5)(a) does not apply
when the district court maintains exclusive original jurisdiction in proceedings to
determine the legal custody of a child who comes within the juvenile court's
jurisdiction pursuant to section 19-1-104.
(b) The order for temporary care and control described in subsection (1.5)(a)
of this section may include parenting time responsibilities for both parties involved
and any conditions of parenting time, including supervised parenting time by a third
party who agrees to the terms of the supervised parenting time, and any costs
associated with supervised parenting time, if necessary. If the restrained party is
unable to pay the ordered costs, the court shall not impose the cost on a publicly
funded agency or the petitioner. If the court finds that the safety of any child or the
protected party cannot be ensured with any form of parenting time reasonably
available, the court may deny parenting time.
(c) The court shall award interim decision-making responsibility of a child to
a person entitled to bring an action for the allocation of parental responsibilities
pursuant to section 14-10-123 when interim decision-making responsibility is
reasonably related to preventing domestic violence or preventing the child from
witnessing domestic violence.
(d) Temporary care and control and interim decision-making responsibility
must be determined in accordance with the standard contained in section 14-10-124.
(2) Any order for temporary care and control issued pursuant to subsection
(1) of this section is governed by the Uniform Child-custody Jurisdiction and
Enforcement Act, article 13 of title 14, C.R.S.
(3) If there is no pending or existing domestic relations or juvenile case in
district court involving joint or shared children, the petitioner is not required and
must not be instructed to file a complaint for a protection order in district court
when the petitioner is otherwise eligible to file for a civil protection order in county
court.
(4) A temporary protection order or permanent protection order issued
pursuant to this article 14 must be written and communicated in simple and plain
language.