§ 19-1-114 — Order of protection

Colorado § 19-1-114

• Jurisdiction: Colorado
• Title 19: Children's
• Art.: General Provisions

Text

(1) The court may make an order of protection
in assistance of, or as a condition of, any decree authorized by this title. The order of
protection may set forth reasonable conditions of behavior to be observed for a
specified period by the parent, guardian, legal custodian, custodian, person to
whom parental responsibilities have been allocated, stepparent, spousal equivalent,
or any other person who is party to a proceeding brought under this title.

(2) The order of protection may require any such person:

(a) To stay away from a child or a child's residence;

(b) To comply with a family time schedule;

(c) To abstain from offensive conduct against a child, the child's parent or
parents, the child's guardian or legal custodian, or any other person to whom legal
custody of or parental responsibilities with respect to a child has been given;

(d) To give proper attention to the care of the home;

(e) To cooperate in good faith with an agency:

(I) Which has been given legal custody of a child;

(II) Which is providing protective supervision of a child by court order; or

(III) To which the child has been referred by the court;

(f) To refrain from acts of commission or omission that tend to make a home
an improper place for a child;

(g) To perform any legal obligation of support; or

(h) To pay for damages recoverable under the provisions of section 13-21-107, C.R.S.

(3) (a) When such an order of protection is made applicable to a parent or
guardian, it may specifically require his or her active participation in the
rehabilitation process and may impose specific requirements upon such parent or
guardian, subject to the penalty of contempt for failure to comply with such order
without good cause, as provided in subsection (5) of this section.

(b) The court may, when the court determines that it is in the best interests
of the child, make an order of protection that is applicable to a parent or guardian
of a child and the person with whom the child resides, if other than the child's
parent or guardian, subject to article 2.5 of this title 19. The order must require the
parent or guardian and the person with whom the child resides, if other than the
parent or guardian, to be present at any juvenile proceeding concerning the child.

(4) After notice and opportunity for a hearing is given to a person subject to
an order of protection, the order may be terminated, modified, or extended for a
specified period of time if the court finds that the best interests of the child and the
public will be served thereby.

(5) (a) A person failing to comply with an order of protection without good
cause may be found in contempt of court.

(b) The court shall issue a bench warrant for any parent or guardian or
person with whom the child resides, if other than the parent or guardian, who,
without good cause, fails to appear at any proceeding.

(c) For purposes of this subsection (5), good cause for failing to appear shall
include, but shall not be limited to, a situation where a parent or guardian:

(I) Does not have physical custody of the child and resides outside of
Colorado;

(II) Has physical custody of the child, but resides outside of Colorado and
appearing in court will result in undue hardship to such parent or guardian; or

(III) Resides in Colorado, but is outside of the state at the time of the juvenile
proceeding for reasons other than avoiding appearance before the court and
appearing in court will result in undue hardship to such parent or guardian.

(d) The general assembly hereby declares that every parent or guardian
whose child is the subject of a juvenile proceeding under this article should attend
any such proceeding as often as is practicable.

(6) Repealed.

(7) Nothing in this section shall be construed to create a right for any
juvenile to have his or her parent or guardian present at any proceeding at which
such juvenile is present.

Legislative History

Source: L. 87: Entire title R&RE, p. 705, � 1, effective October 1. L. 93, 1st Ex. Sess.: (3) and (5) amended and (6) and (7) added, p. 29, � 1, effective September 13. L. 96: (6) repealed, p. 85, � 11, effective March 20. L. 98: (1) and (2)(c) amended, p. 1406, � 63, effective February 1, 1999. L. 2021: (3)(b) amended, (SB 21-059), ch. 136, p. 727, � 64, effective October 1. L. 2023: (2)(a) and (2)(b) amended, (HB 23-1027), ch. 284, p. 1680, � 7, effective June 1.