§ 13-14-110 — Foreign protection orders

Colorado § 13-14-110

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

Text

(1) Definitions. As used in this section,
foreign protection order means any protection or restraining order, injunction, or
other order issued for the purpose of preventing violent or threatening acts or
harassment against, or contact or communication with or physical proximity to,
another person, including temporary or final orders, other than child support or
custody orders, issued by a civil or criminal court of another state, an Indian tribe, or
a United States territory or commonwealth.

(2) Full faith and credit. Courts of this state shall accord full faith and credit
to a foreign protection order as if the order were an order of this state,
notwithstanding section 14-11-101, C.R.S., and article 53 of this title, if the order
meets all of the following conditions:

(a) The foreign protection order was obtained after providing the person
against whom the protection order was sought reasonable notice and an
opportunity to be heard sufficient to protect his or her due process rights. If the
foreign protection order is an ex parte injunction or order, the person against whom
it was obtained must have been given notice and an opportunity to be heard within a
reasonable time after the order was issued sufficient to protect his or her due
process rights.

(b) The court that issued the order had jurisdiction over the parties and over
the subject matter; and

(c) The order complies with section 13-14-106 (3).

(3) Process. A person entitled to protection under a foreign protection order
may, but is not required to, file such order in the district or county court by filing
with such court a certified copy of such order, which must be entered into the
central registry of protection orders created in section 18-6-803.7, C.R.S. The
certified order must be accompanied by an affidavit in which the protected person
affirms to the best of his or her knowledge that the order has not been changed or
modified since it was issued. There shall be no filing fee charged. It is the
responsibility of the protected person to notify the court if the protection order is
subsequently modified.

(4) Enforcement. Filing of the foreign protection order in the central registry
or otherwise domesticating or registering the order pursuant to article 53 of this
title or section 14-11-101, C.R.S., is not a prerequisite to enforcement of the foreign
protection order. A peace officer shall presume the validity of, and enforce in
accordance with the provisions of this article, a foreign protection order that
appears to be an authentic court order that has been provided to the peace officer
by any source. If the protected party does not have a copy of the foreign protection
order on his or her person and the peace officer determines that a protection order
exists through the central registry, the national crime information center as
described in 28 U.S.C. sec. 534, or through communication with appropriate
authorities, the peace officer shall enforce the order. A peace officer may rely upon
the statement of any person protected by a foreign protection order that it remains
in effect. A peace officer who is acting in good faith when enforcing a foreign
protection order is not civilly liable or criminally liable pursuant to section 18-6-803.5 (5), C.R.S.

Legislative History

Source: L. 2013: Entire section added with relocations, (HB 13-1259), ch. 218, p. 1015, � 16, effective July 1.