§ 13-14.5-107 — Termination or renewal of protection orders

Colorado § 13-14.5-107

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Extreme Risk Protection Orders

Text

(1) Termination. (a) The respondent may submit one written request for a hearing to terminate an
extreme risk protection order issued pursuant to this article 14.5 for the period that
the order is in effect. Upon receipt of the request for a hearing to terminate an
extreme risk protection order, the court shall set a date for a hearing. Notice of the
request and date of hearing must be served on the petitioner in accordance with the
Colorado rules of civil procedure or Colorado rules of county court civil procedure.
The court shall set the hearing fourteen days after the filing of the request for a
hearing to terminate an extreme risk protection order. The court shall terminate the
extreme risk protection order if the respondent establishes by clear and convincing
evidence that the respondent no longer poses a significant risk of causing personal
injury to self or others by having in the respondent's custody or control a firearm or
by purchasing, possessing, or receiving a firearm. The court may consider any
relevant evidence, including evidence of the considerations listed in section 13-14.5-105 (3).

(b) The court may continue the hearing if the court determines that it cannot
enter a termination order at the hearing but determines that there is a strong
possibility that the court could enter a termination order at a future date before the
expiration of the extreme risk protection order. If the court continues the hearing,
the court shall set the date for the next hearing prior to the date for the expiration
of the extreme risk protection order.

(2) Renewal. (a) The court shall notify the petitioner of the impending
expiration of an extreme risk protection order sixty-three calendar days before the
date that the order expires.

(b) A petitioner, a family or household member of a respondent, a community
member, or a law enforcement officer or agency may, by motion, request a renewal
of an extreme risk protection order at any time within sixty-three calendar days
before the expiration of the order.

(c) Upon receipt of the motion to renew, the court shall order that a hearing
be held not later than fourteen days after the filing of the motion to renew. The
court may schedule a hearing by telephone in the manner prescribed by section 13-14.5-105 (1)(a). The respondent must be personally served in the same manner
prescribed by section 13-14.5-105 (1)(b) and (1)(c).

(d) In determining whether to renew an extreme risk protection order issued
pursuant to this section, the court shall consider all relevant evidence and follow
the same procedure as provided in section 13-14.5-105.

(e) If the court finds by clear and convincing evidence that, based on the
evidence presented pursuant to section 13-14.5-105 (3), the respondent continues
to pose a significant risk of causing personal injury to self or others by having in the
respondent's custody or control a firearm or by purchasing, possessing, or receiving
a firearm, the court shall renew the order for a period of time the court deems
appropriate, not to exceed one year. In the order, the court shall set a return date to
review the order no later than thirty-five days prior to the expiration of the order.
However, if, after notice, the motion for renewal is uncontested and the petitioner
seeks no modification of the order, the order may be renewed on the basis of the
petitioner's motion or affidavit, signed under oath and penalty of perjury, stating
that there has been no material change in relevant circumstances since the entry of
the order and stating the reason for the requested renewal.

(3) If an extreme risk protection order is terminated or not renewed for any
reason, the law enforcement agency storing the respondent's firearms shall provide
notice to the respondent regarding the process for the return of the firearms.

Legislative History

Source: L. 2023: Entire article R&RE, (SB 23-170), ch. 124, p. 473, � 1, effective April 28.