Colorado § 19-1-114 - Order of protection.

§ 19-1-114. Order of protection.

(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.

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.

Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-3-110 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

Cross references: For the legislative declaration in HB 23-1027, see section 1 of chapter 284, Session Laws of Colorado 2023.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

The language in subsection (1), "the parent, guardian, or any other person who is party to a proceeding brought under § 19-1-104(1)(a), (1)(b), or (1)(c)", contemplates no limitation except that the person subject to the order be a party to the action. People in Interest of C.S.M., 194 Colo. 76, 570 P.2d 229 (1977); People v. Dist. Court, 731 P.2d 652 (Colo. 1987).

The joining of the district attorney and law enforcement officers as parties to case and issuing said parties protective orders does not exceed the court's jurisdiction. The requirement that the court order an appropriate treatment plan implicitly authorizes the court to issue such orders as are reasonably necessary to implement that mandate. People v. Dist. Court, 731 P.2d 652 (Colo. 1987).

Where no protection was provided for disclosure of plans for future criminal conduct or past criminal conduct not related to the treatment plans and communications between therapists and children and between the therapists and parents who had not engaged in sexually abusive conduct were not protected, protective orders were properly confined to reasonably necessary relief. People v. Dist. Court, 731 P.2d 652 (Colo. 1987).

Applied in People in Interest of A.M.D., 648 P.2d 625 (Colo. 1982).