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Tuesday, October 5, 2010

Change to Colorado Restraining Orders

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.

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