We at the Harris Law Firm would like to let you know about a significant bill being addressed at the State Capitol this legislative session. House Bill 24-1122 Protection Orders for Victims of Crimes is a bill that concerns civil protection orders for victims of domestic-related crimes. This bill expands the rights of victims and has significant implications in protection order cases. The current bill summary provides:
- Easier Access to Protection Orders: You can file for a civil protection order in any county where the abusive behavior occurred.
- Extended Protection: A temporary protection order can last up to one year after the permanent protection order hearing. If you want to make it permanent, you need to notify the court and the other party at least 14 days before the hearing.
- Encouraging Communication: The court may suggest informing the other party if you won't attend the hearing, but you won't be forced to go or penalized for not attending.
- Proper Service Protocol: If the temporary protection order is denied or revoked before the other party is informed, they won't be served the order.
- Firearm Restriction: If there's a threat or use of physical force involved in domestic violence, the respondent must refrain from having firearms or ammunition during the order.
- Flexible Continuances: If you're having trouble serving the other party, you can ask for more time, showing you've made reasonable efforts.
- Child Care Arrangement: Temporary care of shared children can be awarded for up to a year after the temporary protection order.
- Court Jurisdiction: You can file for a protection order in county court even if there's no existing family court case.
- Clear Orders: Protection orders must be written in simple language for better understanding.
- Issuing Permanent Orders: If there's a risk of physical or psychological harm in a sexual violence matter, a temporary order can become permanent.
- Cost Protection: Petitioners won't be charged any fees for seeking a protection order, and no fees will be assessed for serving legal documents in domestic abuse, domestic violence, stalking, or sexual violence matters.
- Phone Number Transfer: In cases of domestic violence, sexual violence, or stalking, the court can transfer the responsibility for a phone number to the victim if they prove it's necessary for their safety and that of their children.
This bill, with bipartisan House sponsorship, was heard in the House Judiciary Committee on February 13, 2024. Majority Leader Representative Monica Duran (Democrat, District 23, Jefferson County) and Minority Leader Representative Rose Pugliese (Republican, District 14, El Paso) co-sponsored this bill. They introduced this bill by contending how protection orders are critical to address the fears of survivors. They discussed how the bill accounts for patterns of behavior rather than simply discrete acts of domestic violence, thereby intending to improve survivor protection. The bill passed unanimously through the House Committee and was next introduced to the full House on February 20, 2024 where it passed with 55 yes votes, 4 no votes and 6 other/excused votes.
The bill was assigned to the Senate Judiciary Committee on February 21, 2024, and will be heard by this committee in the Old Supreme Court on Monday, March 18th at 1:30PM. The bill is sponsored in the Senate by Senator Dylan Roberts (Democrat, District 8, Clear Creek, Eagle, Garfield, Gilpin, Grand, Jackson, Moffat, Rio Blanco, Routt, and Summit) and Assistant Majority Leader Senator Faith Winter (Democrat, District 25, Adams, Broomfield, and Weld). This bill is not yet law, but the process is well underway, as it has now passed through the House and will next be read in the Senate. The session schedule can be found here, as well as links for how to listen in to the next reading of this significant bill on March 18th: https://leg.colorado.gov/session-schedule.