New CO law protects parent/child victims of abuse

Posted by: jenniemac

New CO law protects parent/child victims of abuse - 07/03/13 11:03 PM

New Protections in Colorado Law for Victims of Domestic Abuse
Effective July 1, 2013
The bill establishing these new protections, HB13-1259, has two main sections: changes to domestic relations laws in Title 14 and changes to civil protection order laws in Title 13 of Colorados Revised Statutes*.
Substantive Revisions to the Domestic Relations Statutes Include:
Expanding rights of children: the right to be safe & reside in homes free of abuse;
Directing the court to consider evidence of domestic violence and child abuse or neglect and to make findings before making determinations about parental responsibilities;
Directing the court to consider all best interest of the child factors in light of such abuse;
Prohibiting the court from holding a parents protective actions to prevent the child from witnessing or being a victim of domestic violence or child abuse against that parent;
Requiring the court to consider safety conditions when awarding parenting time to a person found to have committed domestic violence or child abuse;
Strengthening & clarifying the presumption against mutual decision-making in cases involving domestic violence;
Directing the court to consider past and present domestic violence with relocation requests;
Extending the timeframe for holding a hearing on emergency motions to restrict from 7 to 14 days; and
Giving the court discretion over the appointment of parental responsibilities evaluators.


Substantive Revisions to the Civil Protection Order Statutes Include:
Reorganization of the statutes & adding sexual assault and stalking information to the legislative declaration;
Expanding the definition of domestic abuse to include harassment & coercion;
Defining and clarifying sexual assault/abuse provisions throughout the bill;
Clarifying that criminal justice system intervention is not necessary for civil protection order eligibility;
Expanding eligibility for emergency protection orders to include abuse of elders/at-risk adults, sexual assault and stalking, which crimes are already eligible for temporary and permanent protection orders;
Prohibiting the court from denying orders due to a lapse of time between abusive acts and requests for orders;
Clarifying that the burden of proof to issue a permanent order is a preponderance of the evidence;
Adding language to allow the court to consider acts to designed to intimidate or retaliate against a protected person to satisfy the findings required for issuance of a permanent protection order;
Codifying case law that a finding of imminent danger is only a prerequisite to issuance of a temporary order;
Extending the timeframe for temporary care/control orders from four months to one year;
Adding a new factor for court consideration of requests for modification or dismissal of an order: whether the order should stand as it is necessary to the continued safety of the protected person; and
Reducing the waiting period for modification/dismissal of permanent orders from four to two years & expanding the types of criminal convictions for which a respondent becomes ineligible for modification/dismissal.
Posted by: Maria George

Re: New CO law protects parent/child victims of abuse - 09/24/17 01:40 PM

[quote=jenniemac]New Protections in Colorado Law for Victims of Domestic Abuse
Effective July 1, 2013
The bill establishing these new protections, HB13-1259, has two main sections: changes to domestic relations laws in Title 14 and changes to civil protection order laws in Title 13 of Colorado�s Revised Statutes*.
Substantive Revisions to the Domestic Relations Statutes Include:
� Expanding rights of children: the right to be safe & reside in homes free of abuse;
� Directing the court to consider evidence of domestic violence and child abuse or neglect and to make findings before making determinations about parental responsibilities;
� Directing the court to consider all best interest of the child factors in light of such abuse;
� Prohibiting the court from holding a parent�s protective actions to prevent the child from witnessing or being a victim of domestic violence or child abuse against that parent;
� Requiring the court to consider safety conditions when awarding parenting time to a person found to have committed domestic violence or child abuse;
� Strengthening & clarifying the presumption against mutual decision-making in cases involving domestic violence;
� Directing the court to consider past and present domestic violence with relocation requests;
� Extending the timeframe for holding a hearing on emergency motions to restrict from 7 to 14 days; and
� Giving the court discretion over the appointment of parental responsibilities evaluators.


Substantive Revisions to the Civil Protection Order Statutes Include:
� Reorganization of the statutes & adding sexual assault and stalking information to the legislative declaration;
� Expanding the definition of domestic abuse to include harassment & coercion;
� Defining and clarifying sexual assault/abuse provisions throughout the bill;
� Clarifying that criminal justice system intervention is not necessary for civil protection order eligibility;
� Expanding eligibility for emergency protection orders to include abuse of elders/at-risk adults, sexual assault and stalking, which crimes are already eligible for temporary and permanent protection orders;
� Prohibiting the court from denying orders due to a lapse of time between abusive acts and requests for orders;
� Clarifying that the burden of proof to issue a permanent order is a preponderance of the evidence;
� Adding language to allow the court to consider acts to designed to intimidate or retaliate against a protected person to satisfy the findings required for issuance of a permanent protection order;
� Codifying case law that a finding of imminent danger is only a prerequisite to issuance of a temporary order;
� Extending the timeframe for temporary care/control orders from four months to one year;
� Adding a new factor for court consideration of requests for modification or dismissal of an order: whether the order should stand as it is necessary to the continued safety of the protected person; and
� Reducing the waiting period for modification/dismissal of permanent orders from four to two years & expanding the types of criminal convictions for which a respondent becomes ineligible for modification/dismissal.[/quote]

Thanks for sharing good information.