Pets Are Now Covered Under Colorado Restraining Orders
Beginning July 1, 2010, courts in Colorado may issue temporary or permanent Civil Protection Orders restraining a person from family pets.
Senate Bill 10-80 now allows a court to include a family owned animal in any civil protection order.
Pets have become cherished members of the family. They may be the target of threats or acts intended to coerce, control, punish, intimidate, or extract revenge upon a party. An injury to a pet can be devastating, especially when intended to harm the pet's owner.
Adding pets to civil protection orders should help protect them and their owners from harm.
Colorado Statutes
Title 13. COURTS AND COURT PROCEDURE
Article 14. Civil Protection Orders
13-14-101. Definitions
(1) "Abuse of the elderly or of an at-risk adult" means mistreatment of a person who is sixty years of age or older or who is an at-risk adult as defined in section 26-3.1-101(1), C.R.S., including but not limited to repeated acts that:
(1)(f) CONSTITUTE THREATS OR ACTS OF VIOLENCE AGAINST, OR THE TAKING, TRANSFERRING, CONCEALING, HARMING, OR DISPOSING OF, AN ANIMAL OWNED, POSSESSED, LEASED, KEPT, OR HELD BY THE ELDERLY OR AT-RISK ADULT, WHICH THREATS OR ACTS ARE INTENDED TO COERCE, CONTROL, PUNISH, INTIMIDATE, OR EXACT REVENGE UPON THE ELDERLY OR AT-RISK ADULT.
(2) "Domestic abuse" means any act or threatened act of violence that is committed by any person against another person to whom the actor is currently or was formerly related, or with whom the actor is living or has lived in the same domicile, or with whom the actor is involved or has been involved in an intimate relationship. "Domestic abuse" may also include any act or threatened act of violence against:
(a) The minor children of either of the parties; or
(b) AN ANIMAL OWNED, POSSESSED, LEASED, KEPT, OR HELD BY EITHER OF THE PARTIES OR BY A MINOR CHILD OF EITHER OF THE PARTIES, WHICH THREAT OR ACT IS INTENDED TO COERCE, CONTROL, PUNISH, INTIMIDATE, OR EXACT REVENGE UPON EITHER OF THE PARTIES OR A MINOR CHILD OF EITHER OF THE PARTIES.
(2.4) (a) "Protection order" means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any protected person, OR FROM THREATENING, TAKING, TRANSFERRING, CONCEALING, HARMING, OR DISPOSING OF AN ANIMAL OWNED, POSSESSED, LEASED, KEPT, OR HELD BY A PROTECTED PERSON, or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises or any other provision to protect the protected person from imminent danger to life or health that is issued by a court of this state or a municipal court and that is issued pursuant to:
(IV) Any other order of a court that prohibits a person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching a person, OR FROM THREATENING, TAKING, TRANSFERRING, CONCEALING, HARMING, OR DISPOSING OF AN ANIMAL OWNED, POSSESSED, LEASED, KEPT, OR HELD BY A PERSON, or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises.
13-14-102. Civil Protection Orders - Legislative Declaration
(15) A municipal court of record that is authorized by its municipal governing body to issue protection or restraining orders and any county court, in connection with issuing a civil protection order, shall have original concurrent jurisdiction with the district court to issue such additional orders as the municipal or county court deems necessary for the protection of persons. Such additional orders may include, but are not limited to:
(f) Such other relief as the court deems appropriate;
(f.2) RESTRAINING A PARTY FROM THREATENING, MOLESTING, INJURING, KILLING, TAKING, TRANSFERRING, ENCUMBERING, CONCEALING, OR DISPOSING OF AN ANIMAL OWNED, POSSESSED, LEASED, KEPT, OR HELD BY ANY OTHER PARTY, A MINOR CHILD OF ANY OTHER PARTY, OR AN ELDERLY OR AT-RISK ADULT;
(f.4) SPECIFYING ARRANGEMENTS FOR POSSESSION AND CARE OF AN ANIMAL OWNED, POSSESSED, LEASED, KEPT, OR HELD BY ANY OTHER PARTY, A MINOR CHILD OF ANY OTHER PARTY, OR AN ELDERLY OR AT-RISK ADULT.
CRS §§ 13-14-101 and 13-14-101.
Contact Circle Law to set up an appointment: John Scanlan
Tuesday, October 5, 2010
Monday, October 4, 2010
Change to Colorado Collections Law
Collectors Required to Reveal the Location of Their Local Office
Beginning July 1, 2010, collection agencies operating in Colorado must not only maintain a local office in the state, but allow debtors to make payments at that office.
More importantly, agencies must notify debtors of the location and telephone number of that local office.
Whether this change will allow collection agencies to continue to screen calls through a national call center is unclear.
Colorado Statutes
Title 12. PROFESSIONS AND OCCUPATIONS
Article 14. Colorado Fair Debt Collection Practices Act
12-14-123. Duties of Collection Agencies - Repeal (1) A licensee shall:
(b) (I) (A) Maintain, at all times, an office within this state that is open to the public during normal business hours, is staffed by at least one full-time employee, keeps a record of all moneys collected and remitted by the agency for residents of Colorado, AND ACCEPTS PAYMENTS PHYSICALLY MADE AT THE OFFICE FOR ANY DEBT THE AGENCY IS ATTEMPTING TO COLLECT.
(B) NOTIFY, IN EACH WRITTEN COMMUNICATION, THE CONSUMER FROM WHOM THE AGENCY IS ATTEMPTING TO COLLECT A DEBT OF THE ADDRESS AND TELEPHONE NUMBER OF THE LOCAL OFFICE REQUIRED BY THIS SUBPARAGRAPH (I).
CRS § 12-14-123.
Contact Circle Law to set up an appointment: John Scanlan
Beginning July 1, 2010, collection agencies operating in Colorado must not only maintain a local office in the state, but allow debtors to make payments at that office.
More importantly, agencies must notify debtors of the location and telephone number of that local office.
Whether this change will allow collection agencies to continue to screen calls through a national call center is unclear.
Colorado Statutes
Title 12. PROFESSIONS AND OCCUPATIONS
Article 14. Colorado Fair Debt Collection Practices Act
12-14-123. Duties of Collection Agencies - Repeal (1) A licensee shall:
(b) (I) (A) Maintain, at all times, an office within this state that is open to the public during normal business hours, is staffed by at least one full-time employee, keeps a record of all moneys collected and remitted by the agency for residents of Colorado, AND ACCEPTS PAYMENTS PHYSICALLY MADE AT THE OFFICE FOR ANY DEBT THE AGENCY IS ATTEMPTING TO COLLECT.
(B) NOTIFY, IN EACH WRITTEN COMMUNICATION, THE CONSUMER FROM WHOM THE AGENCY IS ATTEMPTING TO COLLECT A DEBT OF THE ADDRESS AND TELEPHONE NUMBER OF THE LOCAL OFFICE REQUIRED BY THIS SUBPARAGRAPH (I).
CRS § 12-14-123.
Contact Circle Law to set up an appointment: John Scanlan
Wednesday, September 29, 2010
Changes to Colorado DUI Laws
New Drunk Driving Laws Take Effect Today
Colorado has updated the State's drunk driving laws, effective July 1, 2010.
The Legislature has updated the State's penalties for drunk driving. The Legislature simplified what was a very complex matrix of penalties.
The new penalties are still complex, but more standardized.
In particular, the Legislature combined penalties for all second offenses, regardless of whether DUI or DWAI, into a single section. The Legislature also added penalties for multiple offenses within a five year period and for more than two drunk driving offenses. Some penalties increased and some decreased.
The legislature also now encourages courts to require ignition interlocks for two or more convictions.
The following table identifies the new drunk driving penalties:
| Drunk Driving Penalties (as of July 1, 2010) | ||||||||
| 1st offense | 2nd offense | 2nd within 5 yrs | 3rd or more | |||||
| DUI, DUI per se, DWAI, Habitual User | ||||||||
| Jail Time | 10 days - 1 yr | (2) (4) | 10 days - 1 yr | (4) (5) | 60 days - 1 yr | (4) (5) | ||
| Fine | $600 - $1,500 | $600 - $1,500 | $600 - $1,500 | |||||
| Public Service | 48-120 hrs | (3) | 48-120 hrs | (3) | 48-120 hrs | (3) | ||
| Probation | at least 2 yrs | (6) (7) (8) | at least 2 yrs | (6) (7) (8) | at least 2 yrs | (6) (7) (8) | ||
| Additional Suspended Sentence | 1 yr | 1 yr | 1 yr | |||||
| DUI, DUI per se, Habitual User | ||||||||
| Jail | 5 days - 1 yr | (1) | ||||||
| Fine | $600 - $1,000 | |||||||
| Public Service | 48-96 hrs | (3) | ||||||
| Probation | up to 2 yrs | |||||||
| DUI, DUI per se, DWAI, Habitual User with BAC above 0.2 | ||||||||
| Jail | 10 days - 1 yr | (2) | ||||||
| Fine | $600 - $1,000 | |||||||
| Public Service | 48-96 hrs | (3) | ||||||
| Probation | up to 2 yrs | |||||||
| DWAI | ||||||||
| Jail | 2 - 180 days | (1) | ||||||
| Fine | $200 - $500 | |||||||
| Public Service | 24-48 hrs | (3) | ||||||
| Probation | up to 2 yrs | |||||||
| Notes: (1) Minimum may be suspended. (2) House arrest or work release ok. (3) Minimum cannot be suspended. (4) No good credit allowed during minimum. (5) No house arrest. Only limited work release. (6) Level II alcohol and drug driving safety education or treatment program (7) May add additional 2 yrs probation. (8) May require ignition interlock and/or alcohol monitoring during probation. Note: Courts are encouraged to require ingnition interlocks |
| |||||||||||||||||||||||
Contact Circle Law to set up an appointment: John Scanlan
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