(1) There is hereby created a mandatory protection order against any
person charged with a violation of any of the provisions of this title,
which order shall remain in effect from the time that the person is
advised of his or her rights at arraignment or the person's first
appearance before the court and informed of such order until final
disposition of the action. Such order shall restrain the person charged
from harassing, molesting, intimidating, retaliating against, or
tampering with any witness to or victim of the acts charged. The
protection order issued pursuant to this section shall be on a
standardized form prescribed by the judicial department and a copy shall
be provided to the protected parties.
(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.
(3) Nothing in this section shall preclude 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 shall retain jurisdiction to enforce, modify,
or dismiss the protection order until final disposition of the action.
Upon motion of the district attorney, or on the court's motion to
protect the alleged victim, the court may, in cases involving domestic
violence as defined in section 18-6-800.3 (1), enter any of the
following further orders against the defendant:
(a) An order to vacate or stay away from the home of the victim and to
stay away from any other location where the victim is likely to be
(b) An order to refrain from contact or direct or indirect communication
with the victim;
(c) An order prohibiting possession or control of firearms or other
(d) An order prohibiting possession or consumption of alcohol or
controlled substances; and
(e) Any other order the court deems appropriate to protect the safety of
the alleged victim.
(4) Any person failing to comply with a protection order issued pursuant
to this section commits the crime of violation of a protection order and
may be punished as provided in section 18-6-803.5.
(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), 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 as a condition of any bond
for the release of the defendant. The prosecuting attorney shall, in
such domestic violence cases, 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), the prosecuting attorney may request a hearing
before the court to modify the terms of a protection order issued
pursuant to the 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.
(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, or until the defendant
completes his or her sentence. Any defendant sentenced to probation or
incarceration shall be deemed to have completed his or her sentence upon
discharge from probation or incarceration, as the case may be.
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