§ 18-1-1001 — Protection order against defendant - definitions

Colorado § 18-1-1001

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Provisions Applicable to

Text

(1) (a) There is
created a mandatory protection order against a person charged with a criminal
violation of the provisions of this title 18, which order remains in effect from the
time that the person is advised of the person's rights at arraignment or the person's
first appearance before the court and is informed of the order until final disposition
of the action, unless otherwise ordered by the court pursuant to subsection (3)(a) or
(6.5) of this section. The order must restrain the person charged from harassing,
molesting, intimidating, retaliating against, or tampering with any witness to or
victim of the acts charged.

(b) The protection order issued pursuant to this section must be on a
standardized form prescribed by the judicial department, and a copy provided to the
protected parties. The standardized form must:

(I) Include the information necessary to properly identify the names of
persons and locations from which the person is restrained by the order;

(II) Include any other orders of the protection order that restrain the person
from harassing, molesting, intimidating, retaliating against, or tampering with any
witness to or victim of the acts charged; and

(III) Identify if the protection order is issued in a case involving domestic
violence, as defined in section 18-6-800.3, or a case involving crimes listed in
section 24-4.1-302.

(c) A protection order issued pursuant to this section is limited to orders for
the protection of a witness to, or victim of, the acts charged and must not include
orders that relate to the conditions of pretrial release as provided in section 16-4-105. An order prohibiting the restrained person from possession or consumption of
alcohol or controlled substances as a condition of a protection order must comply
with the requirements in subsection (3)(a)(II)(D) of this section.

(2) At the time of arraignment or the person's first appearance before the
court, the court shall inform the defendant of the protection order effective
pursuant to this section and shall inform the defendant that a violation of such
order is punishable by contempt and may constitute a misdemeanor offense of
violation of a protection order as provided in section 18-6-803.5. As applicable, the
court shall also inform the defendant that conduct that violates the protection
order may constitute a felony offense of intimidating a witness or victim as provided
in section 18-8-704 or retaliation against a witness or victim as provided in section
18-8-706.

(3) (a) (I) Nothing in this section precludes the defendant from applying to
the court at any time for modification or dismissal of the protection order issued
pursuant to this section or the district attorney from applying to the court at any
time for further orders, additional provisions under the protection order, or
modification or dismissal of the same. The trial court retains jurisdiction to enforce,
modify, or dismiss the protection order until final disposition of the action.

(II) Upon motion of the district attorney or on the court's own motion, for the
protection of the alleged victim or witness, the court may enter any of the following
further orders against the defendant for the protection of the alleged victim or
witness:

(A) An order to vacate or stay away from the home of the alleged victim or
witness and to stay away from any other location where an alleged victim or
witness is likely to be found;

(B) An order to refrain from contact or direct or indirect communication with
the alleged victim or witness;

(C) An order prohibiting possession or control of firearms or other weapons;

(D) When available information supports a sufficient nexus between the
possession or consumption of alcohol or controlled substances and the safety of
the alleged victim or witness, an order prohibiting possession or consumption of
alcohol or controlled substances without a valid prescription; except that, in a case
involving domestic violence, as defined in section 18-6-800.3, or a case involving
crimes listed in section 24-4.1-302, the court may enter an order prohibiting
possession or consumption of alcohol or controlled substances without a valid
prescription if the court deems it appropriate for the safety of an alleged victim or
witness;

(E) An order prohibiting the taking, transferring, concealing, harming,
disposing of, or threatening to harm an animal owned, possessed, leased, kept, or
held by an alleged victim or witness; and

(F) Any other order the court deems necessary to protect the protected
person from imminent danger to the protected person's life or health.

(b) Any further orders issued pursuant to subsection (3)(a) of this section are
only for the protection of a victim of or witness to the offense charged. A court shall
not include an order in a protection order for the protection of the defendant,
including for the protection of the defendant from the use of alcohol or other
substances, or to enforce a condition of bond mandated pursuant to section 16-4-105 (3), (5), or (6) or a condition of bond that assists in obtaining the appearance of
the defendant in court or ensuring community safety as described in section 16-4-105 (8).

(4) Repealed.

(5) Before a defendant is released on bail pursuant to article 4 of title 16,
C.R.S., the court shall, in cases involving domestic violence as defined in section 18-6-800.3 (1), in cases of stalking pursuant to section 18-3-602, or in cases involving
unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S., state the terms
of the protection order issued pursuant to this section, including any additional
provisions added pursuant to subsection (3) of this section, to the defendant on the
record, and the court shall further require the defendant to acknowledge the
protection order in court and in writing prior to release as a condition of any bond
for the release of the defendant. The prosecuting attorney shall, in such domestic
violence cases, stalking cases, or in cases involving unlawful sexual behavior as
defined in section 16-22-102 (9), C.R.S., notify the alleged victim, the complainant,
and the protected person of the order if such persons are not present at the time
the protection order is issued.

(6) The defendant or, in cases involving domestic violence as defined in
section 18-6-800.3 (1), in cases of stalking pursuant to section 18-3-602, or in cases
involving unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S., the
prosecuting attorney may request a hearing before the court to modify the terms of
a protection order issued pursuant to this section. Upon such a request, the court
shall set a hearing and the prosecuting attorney shall send notice of the hearing to
the defendant and the alleged victim. At the hearing the court shall review the
terms of the protection order and any further orders entered and shall consider the
modifications, if any, requested by the defendant or the prosecuting attorney.

(6.5) At the time of sentencing or other resolution of the criminal case that
does not involve sentencing the defendant, the court shall review each provision of
the protection order to ensure that all information in the protection order is
accurate and determine whether to, given the circumstances of the criminal case,
modify any provisions of the protection order. The court may dismiss a protection
order if the court determines the provisions of the protection order are no longer
necessary and the protection order was not issued in a case involving domestic
violence, as defined in section 18-6-800.3, or a case involving crimes listed in
section 24-4.1-302.

(7) The duties of peace officers enforcing orders issued pursuant to this
section shall be in accordance with section 18-6-803.5 and any rules adopted by
the Colorado supreme court pursuant to said section.

(8) For purposes of this section:

(a) Court means the trial court or a designee of the trial court.

(a.5) Protection order shall include a restraining order entered pursuant to
this section prior to July 1, 2003.

(b) Until final disposition of the action means until the case is dismissed,
until the defendant is acquitted, until the defendant completes the defendant's
sentence, or until the defendant's commitment is terminated and the defendant is
discharged from supervision following a verdict of not guilty by reason of insanity
pursuant to section 16-8-115. Any defendant sentenced to probation is deemed to
have completed the defendant's sentence upon discharge from probation. A
defendant sentenced to incarceration is deemed to have completed the defendant's
sentence upon release from incarceration and discharge from parole supervision.

(9) (a) Order requirements. When the court subjects a defendant to a
mandatory protection order that the court, using the probable cause standard of
review, determines on the record after reviewing the probable cause statement or
arrest warrant that the order includes a crime that includes an act of domestic
violence, as defined in section 18-6-800.3 (1), and the act of domestic violence
involved the threat of use, use of, or attempted use of physical force, the court, as
part of such order:

(I) Shall order the defendant to:

(A) Refrain from possessing or purchasing any firearm or ammunition for the
duration of the order; and

(B) Relinquish, for the duration of the order, any firearm or ammunition in the
defendant's immediate possession or control or subject to the defendant's
immediate possession or control; and

(II) May require that before the defendant is released from custody on bond,
the defendant relinquish, for the duration of the order, any firearm or ammunition in
the defendant's immediate possession or control or subject to the defendant's
immediate possession or control; and

(III) Shall schedule a compliance hearing pursuant to subsection (9)(e) of this
section and notify the defendant of the hearing date and that the defendant shall
appear at the hearing in person unless the hearing is vacated pursuant to
subsection (9)(e)(I) of this section.

(b) Time period to relinquish. Upon issuance of an order pursuant to
subsection (9)(a) of this section, the defendant shall relinquish, in accordance with
subsection (9)(d) of this section, any firearm or ammunition not more than twenty-four hours, excluding legal holidays and weekends, after being served with the
order; except that a court may allow a defendant additional time based on a
showing of good cause to relinquish a firearm if the defendant demonstrates to the
satisfaction of the court that the defendant is unable to comply within the time
frame set forth in this subsection (9)(b).

(c) Additional time to comply if defendant is in custody. If a defendant is
unable to satisfy the provisions of this subsection (9) because the defendant is
incarcerated or otherwise held in the custody of a law enforcement agency, the
court shall require the defendant to satisfy the provisions of this subsection (9) not
more than twenty-four hours, excluding legal holidays and weekends, after the
defendant's release from incarceration or custody or be held in contempt of court.
Notwithstanding any provision of this subsection (9)(c), the court may, in its
discretion, require the defendant to relinquish any firearm or ammunition in the
defendant's immediate possession or control or subject to the defendant's
immediate possession or control before the end of the defendant's incarceration or
release from custody. In such a case, a defendant's failure to relinquish a firearm or
ammunition as required constitutes contempt of court.

(d) Relinquishment options. To satisfy the requirement in subsection (9)(b)
of this section, the defendant shall either:

(I) Sell or transfer possession of the firearm or ammunition to a federally
licensed firearms dealer described in 18 U.S.C. sec. 923, as amended; except that
this provision must not be interpreted to require any federally licensed firearms
dealer to purchase or accept possession of any firearm or ammunition; or

(II) Arrange for the storage of the firearm or ammunition by a law
enforcement agency or by a storage facility with which the law enforcement
agency has contracted for the storage of transferred firearms or ammunition,
pursuant to subsection (9)(g) of this section; except that this provision must not be
interpreted to require any law enforcement agency to provide storage of firearms
or ammunition for any person; or

(III) Sell or otherwise transfer the firearm or ammunition to a private party
who may legally possess the firearm or ammunition; except that a defendant who
sells or transfers a firearm pursuant to this subsection (9)(d)(III) shall satisfy all of
the provisions of section 18-12-112 concerning private firearms transfers, including
but not limited to the performance of a criminal background check of the
transferee.

(e) Compliance hearing, conditions of release on bond, and affidavit. (I) The
court shall conduct a compliance hearing to ensure the defendant has complied
with this subsection (9) by requiring the defendant to comply with subsection
(9)(e)(II) of this section. The court may consider the issue in other proceedings
before the court in the criminal case. The hearing is considered a court action
involving a bond reduction or modification as described in section 24-4.1-302 (2)(c).
A defendant shall comply with section 16-4-105 (4.1) as it relates to the conditions
of release on bond. The court may vacate the hearing if the court determines that
the defendant has completed the affidavit described in subsection (9)(e)(II) of this
section. Failure to appear at a hearing described in this subsection (9)(e)(I)
constitutes contempt of court.

(II) The defendant shall complete an affidavit, which must be filed in the
court record within seven business days after the order is issued, stating the
number of firearms in the defendant's immediate possession or control or subject to
the defendant's immediate possession or control, the make and model of each
firearm, any reason the defendant is still in immediate possession or control of such
firearm, and the location of each firearm. If the defendant does not possess a
firearm at the time the order is issued pursuant to subsection (9)(a) of this section,
the defendant shall indicate such nonpossession in the affidavit.

(III) If the defendant possessed a firearm at the time of the qualifying
incident giving rise to the duty to relinquish the firearm pursuant to this subsection
(9) but transferred or sold the firearm to a private party prior to the court's issuance
of the order, the defendant shall disclose the sale or transfer of the firearm to the
private party in the affidavit described in subsection (9)(e)(II) of this section. The
defendant, within seven business days after the relinquishment period established
by the court pursuant to this subsection (9), shall acquire a written receipt and
signed declaration that complies with subsection (9)(h)(I)(A) of this section, and the
defendant shall file the signed declaration at the same time the defendant files the
affidavit pursuant to subsection (9)(e)(II) of this section.

(IV) No testimony or other information compelled pursuant to this subsection
(9), or any information directly or indirectly derived from such testimony or other
information, may be used against the defendant in any criminal case, except
prosecution for perjury pursuant to section 18-8-503.

(V) The state court administrator shall develop the affidavit described in
subsection (9)(e)(II) of this section and all other forms necessary to implement this
subsection (9) no later than January 1, 2022. State courts may use the forms
developed by the state court administrator pursuant to this subsection (9)(e) or
another form of the court's choosing, so long as the forms comply with the
requirements of this subsection (9)(e).

(VI) Upon the sworn statement or testimony of the petitioner or of any law
enforcement officer alleging there is probable cause to believe the respondent has
failed to comply with the provisions of this section, the court shall determine
whether probable cause exists to believe that the respondent has failed to
relinquish all firearms or a concealed carry permit in the respondent's custody,
control, or possession. If probable cause exists, the court shall issue a search
warrant that states with particularity the places to be searched and the items to be
taken into custody.

(f) Relinquishment to a federally licensed firearms dealer. A federally
licensed firearms dealer who takes possession of a firearm or ammunition pursuant
to this subsection (9) shall issue a written receipt and signed declaration to the
defendant at the time of relinquishment. The declaration must memorialize the sale
or transfer of the firearm. The federally licensed firearms dealer shall not return the
firearm or ammunition to the defendant unless the dealer:

(I) Contacts the Colorado bureau of investigation, referred to in this
subsection (9) as the bureau, to request that a criminal background check of the
defendant be performed; and

(II) Obtains approval of the transfer from the bureau after the performance
of the criminal background check.

(g) Storage by a law enforcement agency or storage facility. (I) A local law
enforcement agency may elect to store firearms or ammunition for a defendant
pursuant to this subsection (9). The law enforcement agency may enter into an
agreement with any other law enforcement agency or storage facility for the
storage of transferred firearms or ammunition. If a law enforcement agency elects
to store firearms or ammunition for a defendant:

(A) The law enforcement agency may charge a fee for the storage, the
amount of which must not exceed the direct and indirect costs incurred by the law
enforcement agency in providing the storage;

(B) The law enforcement agency shall establish policies for disposal of
abandoned or stolen firearms or ammunition; and

(C) The law enforcement agency shall issue a written receipt and signed
declaration to the defendant at the time of relinquishment. The declaration must
memorialize the sale or transfer of the firearm.

(II) If a local law enforcement agency elects to store firearms or ammunition
for a defendant pursuant to this subsection (9)(g), the law enforcement agency
shall not return the firearm or ammunition to the defendant unless the law
enforcement agency:

(A) Contacts the bureau to request that a criminal background check of the
defendant be performed; and

(B) Obtains approval of the transfer from the bureau after the performance
of the criminal background check.

(III) (A) A law enforcement agency that elects to store a firearm or
ammunition for a defendant pursuant to this subsection (9) may elect to cease
storing the firearm or ammunition. A law enforcement agency that elects to cease
storing a firearm or ammunition for a defendant shall notify the defendant of the
decision and request that the defendant immediately make arrangements for the
transfer of the possession of the firearm or ammunition to the defendant or, if the
defendant is prohibited from possessing a firearm, to another person who is legally
permitted to possess a firearm.

(B) If a law enforcement agency elects to cease storing a firearm or
ammunition for a defendant and notifies the defendant as described in subsection
(9)(g)(III)(A) of this section, the law enforcement agency may dispose of the firearm
or ammunition if the defendant fails to make arrangements for the transfer of the
firearm or ammunition and complete the transfer within ninety days after receiving
the notification.

(IV) A law enforcement agency that elects to store a firearm or ammunition
shall obtain a search warrant to examine or test the firearm or ammunition or
facilitate a criminal investigation if a law enforcement agency has probable cause
to believe the firearm or ammunition has been used in the commission of a crime, is
stolen, or is contraband. This subsection (9)(g)(IV) does not preclude a law
enforcement agency from conducting a routine inspection of the firearm or
ammunition prior to accepting the firearm for storage.

(h) Relinquishment to a private party. (I) If a defendant sells or otherwise
transfers a firearm or ammunition to a private party who may legally possess the
firearm or ammunition, as described in subsection (9)(d)(III) of this section, the
defendant shall acquire:

(A) From the federally licensed firearms dealer, a written receipt and signed
declaration memorializing the transfer, which receipt must be dated and signed by
the defendant, the transferee, and the federally licensed firearms dealer; and

(B) From the federally licensed firearms dealer who requests from the
bureau a criminal background check of the transferee, as described in section 18-12-112, a written statement of the results of the criminal background check.

(II) The defendant shall not transfer the firearm to a private party living in the
same residence as the defendant at the time of the transfer.

(III) Notwithstanding section 18-12-112, if a private party elects to store a
firearm for a defendant pursuant to this subsection (9), the private party shall not
return the firearm to the defendant unless the private party acquires from the
federally licensed firearms dealer who requests from the bureau a criminal
background check of the defendant, a written statement of the results of the
background check authorizing the return of the firearm to the defendant.

(i) Requirement to file signed declaration. (I) The defendant shall file a copy
of the signed declaration issued pursuant to subsection (9)(f), (9)(g)(I)(C), or
(9)(h)(I)(A) of this section, and, if applicable, the written statement of the results of
a criminal background check performed on the defendant, as described in
subsection (9)(h)(I)(B) of this section, with the court as proof of the relinquishment
at the same time the defendant files the signed affidavit pursuant to subsection
(9)(e)(II) of this section. The signed declaration and written statement filed pursuant
to this subsection (9)(i) are only available for inspection by the court and the parties
to the proceeding. If a defendant fails to timely transfer or sell a firearm or file the
signed declaration or written statement as described in this subsection (9)(i)(I):

(A) The failure constitutes a violation of the protection order pursuant to
section 18-6-803.5 (1)(c); and

(B) The court shall issue a warrant for the defendant's arrest.

(II) In any subsequent prosecution for a violation of a protection order
described in this subsection (9)(i), the court shall take judicial notice of the
defendant's failure to transfer or sell a firearm, or file the signed declaration or
written statement, which constitutes prima facie evidence of a violation of the
protection order pursuant to section 18-6-803.5 (1)(c), and testimony of the clerk of
the court or the clerk of the court's deputy is not required.

(j) Nothing in this subsection (9) limits a defendant's right to petition the
court for dismissal of a protection order.

(k) A defendant subject to a mandatory protection order issued pursuant to
this subsection (9) who possesses or attempts to purchase or receive a firearm or
ammunition while the protection order is in effect violates the order pursuant to
section 18-6-803.5 (1)(c).

(l) (I) A law enforcement agency that elects in good faith to not store a
firearm or ammunition for a defendant pursuant to subsection (9)(g) of this section
is not criminally or civilly liable for such inaction.

(II) A law enforcement agency that returns possession of a firearm or
ammunition to a defendant in good faith as permitted by subsection (9)(g) of this
section is not criminally or civilly liable for such action.

(m) Immunity. A federally licensed firearms dealer, law enforcement agency,
storage facility, or private party that elects to store a firearm pursuant to this
subsection (9) is not civilly liable for any resulting damages to the firearm, as long
as such damage did not result from the willful and wrongful act or gross negligence
of the federally licensed firearms dealer, law enforcement agency, storage facility,
or private party.

(10) The issuance of a protection order pursuant to this section does not
preclude a court from issuing a protective order in a civil proceeding.

Legislative History

Source: L. 84: Entire part added, p. 500, � 3, effective July 1. L. 85: (1) and (2) amended, p. 617, � 10, effective July 1. L. 91: Entire section amended, p. 419, � 3, effective May 31. L. 94: (1) and (3) amended, p. 2023, � 3, effective June 3; (3) amended and (5) and (6) added, p. 2041, � 24, effective July 1; (1) amended and (7) added, p. 2009, � 6, effective January 1, 1995. L. 98: (1) and IP(3) amended and (8) added, p. 1442, � 28, effective July 1. L. 2003: (1), (2), IP(3), (4), (5), and (6) amended and (8)(a.5) added, pp. 1002, 1003, �� 4, 5, effective July 1. L. 2011: IP(3), (3)(a), (3)(b), and (3)(e) amended, (HB 11-1267), ch. 273, p. 1234, � 1, effective June 2. L. 2012: (5) and (6) amended, (HB 12-1114), ch. 176, p. 632, � 3, effective May 11. L. 2013: (9) added, (SB 13-197), ch. 366, p. 2134, � 4, effective June 5; (8)(b) amended, (HB 13-1109), ch. 33, p. 79, � 1, effective August 7. L. 2015: (5) and (6) amended, (HB 15-1060), ch. 45, p. 112, � 2, effective March 20. L. 2018: (9)(l)(I) amended, (HB 18-1375), ch. 274, p. 1701, � 21, effective May 29; IP(3), (3)(d), and (3)(e) amended and (3)(f) and (10) added, (SB 18-060), ch. 50, p. 487, � 1, effective November 1. L. 2021: (9) amended, (HB 21-1255), ch. 293, p. 1742, � 2, effective June 22; (3) amended, (SB 21-271), ch. 462, p. 3167, � 180, effective March 1, 2022. L. 2022: (1) amended, (HB 22-1229), ch. 68, p. 343, � 17, effective March 1. L. 2023: (8)(b) amended, (HB 23-1199), ch. 263, p. 1567, � 4, effective May 25. L. 2025: (1), (2), and (3) amended, (4) repealed, and (6.5) added, (HB 25-1148), ch. 154, p. 622, � 1, effective July 1 (see editor's note).