While there were too many outstanding presentations and much news from around the state and country, this presentation identified the following bills as transformative in the civil protection process for survivors and those who serve them. It is dry reading, but it is important to communicate throughout the advocacy community. Many directives in the law were made with increasing safety for survivors and children in mind and provide directives for judges and the support staff clarifying the process and timelines within the judicial system. The second bill mandates safety policies under the Colorado Consumer Protection Act. Circle of Advocacy would like to add two significant additions worth noting, given our vision and mission. So, pour a cup of tea, get comfy clothes, and as you read these changes, join us in raising a toast to ALL of those who worked tirelessly to get these issues placed into law. While there is so much more to do, this past year saw great strides to increase safety for all involved in these cases. Moreover, please note that these are not legal opinions or writings, but to have such significant changes and not get the word is not characteristic of Circle of Advocacy. Hear our voice.
HB24-1122 Protection Orders for Victims of Crime
This bill increases protections for survivors of domestic violence by codifying sexual violence in statute by broadening the definition of domestic violence, changing sexual abuse to sexual violence, including sexual harassment, and reframing these forms of violence as patterns of behavior rather than discreet actions. It also removes the harmful "imminent danger" standard, which ties violence to timeframe and severity rather than being perpetrator centric. It supports and assists survivors of sexual violence by removing the timeframe, giving, as it has been referred to as grace and space to process the possible long-term effects of the underlying trauma.
Reducing reasons why a civil protection order may be denied AND directing judges to make a temporary protection order permanent without requiring additional evidence of testimony from the survivor when the respondent does not appear at the hearing.
Prohibiting a court from serving an abuser with a notice of a civil protection order unless the protection order is granted, improving the safety of victims after they take action against their abuser,
This bill provides increased safety for children by reducing barriers to providing a safe environment and trying to push judges to "plan" for children- INCLUDING temporary care and control of any shared children in the civil protection order (both temporary and permanent) when requested by one of the parties and prohibiting judicial officers from redirecting survivors to file in a district court instead. The act clarifies that a municipal court shall include in the order a provision awarding temporary care and control of any joint or shared minor children of the parties involved for not more than one year after the date on which the temporary care and control is awarded in the temporary protection order.
IF there is no pending or existing domestic relations or juvenile case in the district court involving joint or shared children, the act prohibits the petitioner from being required or instructed to file a complaint for a protection order in district court when the petitioner is otherwise eligible to file for a civil protection order in county court. Additionally, it can be requested by the petitioner vs. both parties.
Prohibiting the court from hearing a motion to dismiss or modify a civil protection order if filed incorrectly. It clarifies hearing timelines and includes motions to modify or dismiss, which can only be filed (re: by the respondent) 1x/2 yrs.
It further erodes the power and control that is often exhibited within the legal system using the courts and the possibility of prohibitive legal fees by preventing survivors from having to pay their abuser's attorney's fees,
Specifically, the act prohibits the court from awarding any costs or assessing any fees (including attorney fees) against a petitioner seeking a civil protection order as a victim of domestic abuse, domestic violence, stalking, or sexual violence. The act prohibits a state or public agency from assessing fees for service of process against a petitioner seeking a civil protection order, including attorney fees against a petitioner seeking a civil protection order.
Directing cell phone companies to transfer shared phone lines to the survivor's name and control if requested with the civil protection order.
Specifically, technology has been an easy tool for perpetrators to stalk, isolate, and prevent a survivor from seeking out the needed resources as well as being safe. As part of a request for a temporary or permanent protection order in a case involving domestic violence, sexual violence, or stalking, the act authorizes the court to enter an order directing a wireless telephone service provider to transfer the financial responsibility for and rights to a wireless telephone number to the petitioner if the petitioner:
Is not the account holder, and
Proves by a preponderance of the evidence that the petitioner and any minor children in the petitioner's care are the primary users of each wireless telephone number that the petitioner requested to be transferred.
The act clarifies that the venue for filing a motion or complaint for a civil protection order is proper in any county where any acts or behaviors subject to the motion or complaint occurred. It further streamlines service requirements for clarity and safety.
The act authorizes a judge or magistrate to continue the temporary protection order for not more than one year after the date when the permanent protection order hearing takes place. IF the temporary protection order is continued for one year and the petitioner seeks a permanent protection order, the act requires the petitioner to file a motion at least 14 days before the scheduled hearing, notifying the court and the respondent of the petitioner's intent to pursue a permanent protection order on the date of the scheduled hearing.
→The act requires a judge to order a temporary protection order to be made permanent…….
→ if the judge finds that the respondent engaged in a behavior constituting grounds for the issuance of a civil protection order
→ based on sexual violence and that a RISK, threat of physical harm, or the threat of psychological or emotional harm exists to the petitioner.
→The act REQUIRES A JUDGE TO ORDER , please make note!
The act requires the court to encourage the petitioner to notify the respondent if the petitioner intends not to appear at the permanent protection order hearing. However, the court shall neither require the petitioner to attend nor assess attorney fees or costs against the petitioner for choosing not to attend the hearing.
The act prohibits service upon the respondent and upon the person to be protected if the temporary protection order is denied or if the petitioner moves to vacate the temporary protection order prior to the court receiving confirmation that the respondent was personally served or had actual knowledge of the request for a civil protection order.
If the temporary protection order is based in whole or in part on an act of domestic violence, and the act of domestic violence involved the threat of use of physical force, use of physical force, or attempted use of physical force, the act requires the citation to inform the respondent that the respondent must refrain from possessing or purchasing a firearm or ammunition for the duration of the order and must relinquish, for the duration of the order, a firearm or ammunition in the respondent's immediate possession or control or subject to the respondent's immediate possession or control.
The act requires the court to grant additional continuances at the petitioner's request if the petitioner cannot serve the respondent and if the petitioner can show the petitioner has made reasonable efforts to serve the respondent or that the respondent is evading service.
The act requires temporary and permanent protection orders to be written and communicated in simple and plain language.
The court has discretion to bifurcate a case.
APPROVED by Governor June 3, 2024/EFFECTIVE January 1, 2025
Commentary: This bill is significant in that it mandates considerations be made for children, hopefully increasing safety for survivors as well. It also shields a survivor from abusive tactics by dismantling a portion of the financial realm that perpetrators often use as power and control, for example, attorney fees and baseless lawsuits and charges. In speaking privately with multiple judges in Colorado, many have voiced that their hands are tied. This facilitates allowing a judge to increase the safety of survivors through time and space orders on the authority of the evidence as presented to the bench. It also can assist in lowering the case load for jurisdictional as well as county vs. district and includes limits of petitioning for change on orders. Lastly, something that on the surface has always appeared to be simple in scope…disengaging from a perpetrator by separating cell phone service is now law!
HB24-1122 Online-Facilitated Misconduct & Remote Tracking expands protections under the CO Consumer Protection Act for dating apps by mandating safety policies that:
Requiring specific elements (i.e., types of behaviors prohibited)
Guidelines for reporting misconduct
Any safety measures the app employs
Information about resources for victims
REQUIRES two-party consent for electronic tracking devices that can be used for stalking. Additionally, it expands protections for victims of AI deepfakes intimate image abuse.
Must include an On Ramp Window: compliance is required within one year for any company that has a Colorado resident as a customer.
HB24-1122 Online-Facilitated Misconduct & Remote Tracking increases accountability and transparency, and victims can access monetary damage from the office of the Attorney General. Mandating annual reporting to the office of the Attorney General that documents members' misconduct and actions taken against those members. Extends existing laws prohibiting posting private images for harassment or pecuniary gain legalese "any monetary or economic gain that serves as an impetus in the commission of a crime," INCLUDING computer-generated, digitally altered sexual photos known as deep fakes.
Commentary: This bill puts Colorado at the forefront- having legislation in place that prevents the use of technology to facilitate sexual violence, especially in the realm of stalking, human trafficking, and pornography.
HB24-1350 Parental Responsibilities Proceedings Child Safety
In the written report, the child and family investigator shall provide options that serve the child's best interest for the court to consider in custody matters and parenting time. The child's wishes, if expressed, must be disclosed in the child and family investigator's written report. The court shall consider the entirety of the report and any testimony by the child and family investigator, the parties, and any other professionals before adopting any recommendations made by the child and family investigator.
Under (4) (e), When the court finds by a preponderance of the evidence that one of the parties has committed child abuse or neglect, domestic violence, or sexual assault resulting in the conception of the child, in formulating or approving a parenting plan, the court shall consider conditions on parenting time that ensure the safety of the child and the abused party, GIVING PARAMOUNT CONSIDERATION TO THE SAFETY, AND THE PHYSICAL, MENTAL, AND EMOTIONAL CONDITIONS AND NEEDS OF THE CHILD AND ABUSED PARTY.
In addition to any provisions set forth in subsection (7) that are appropriate, the parenting plan in these cases may include but is not limited to, the following provisions concerning domestic violence and child abuse, including child sexual abuse, physical abuse, emotional abuse, coercive control, TRAUMA and victim and perpetrator behavioral patterns and relationship dynamics.
If the court orders unsupervised parenting time for a parent, and there is any information, including an accusation by a child, that the parent has committed domestic violence, child abuse, or child sexual abuse, or if the parent is accused by the child of domestic violence, child abuse, child sexual abuse, child emotional abuse, or coercive control, the court shall make a statement in writing or orally on the proceeding record regarding why unsupervised parenting time for the parent was determined to be in the best interests of the child with paramount consideration given to the child's safety and the physical, mental, and emotional conditions and needs of the child.
Section 4. In Colorado Revised Statutes, amend 14-10-126 as follows:14-10-126. Interviews.
(1) Upon a motion, the court may interview the child in chambers to ascertain the child's wishes regarding allocating parental responsibilities. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to be made, and it shall be made part of the record in the case. THE COURT SHALL MAKE FINDINGS IN ITS IN CHAMBERS. This will likely occur as a video conference call.
(2) The court may seek the advice of professional personnel whether or not they are employed regularly by the court. The advice given shall be in writing and made available by the court to counsel of record, parties, and other expert witnesses upon request. However, it shall otherwise be considered confidential, sealed, and not open to inspection except by court consent. Counsel may call or cross-examine any professional personnel consulted by the court. The court shall give paramount consideration to cases involving page 10-house bill 24-1350- AN ALLEGATION MADE BY A CHILD REGARDING DOMESTIC VIOLENCE, CHILD ABUSE OR NEGLECT, OR CHILD SEXUAL ABUSE IN DETERMINING WHETHER TO GRANT A REQUEST TO INTERVIEW A CHILD IN CHAMBERS.
Commentary: Many of the original standards for training and certifications were removed in the final bill, but much of the language surrounding investigatory standards and requirements for experts is intended to ensure non-biased investigations. There has been an overall effort to help find ways for kids' voices to be heard, one being to allow camera interviews with the judge. The implementation within the court system in family law (which is complicated) is another matter entirely. Of note that within the statute, the definitions are clearly written regarding coercive control (eleven components), domestic violence (including animals), intimate relationships, BUT not trauma…
When constructing a parenting plan, if in court there is a finding by a preponderance of the evidence that one of the parties has committed child abuse or neglect, domestic violence, or sexual assault, the court SHALL consider conditions on parenting time that ensure the safety of the child. Finally, children are not property; they have the potential for a voice and consideration for their rights and well-being!
Lastly, the statute requires ALL information to be included in the final report submitted to the court, regardless of how the CFI learned of the information. It provides CFIs with more tools in reporting to the court that were needed to ensure child/survivor safety and minimize the re-traumatization inherent during court proceedings. Overall, it improves protections for survivors of domestic violence and child abuse and provides improved accountability and more informed decision-making on the part of the court.
HB24-1072 Protection of Sex Offense Victims
This statute was signed into law on Denim Day (04.24.24). The law is an expansion of the Rape Shield law that stops certain pieces of victim information from being used as evidence in court. It expands privacy protections for survivors in criminal cases by restricting or limiting evidence about a victim's clothing or hairstyle, past sexual conduct with the defendant, and history of false reports. The bill modifies relevancy and admissibility standards for specific evidence. It strikes a careful balance between protecting victims' privacy before a jury and allowing defense attorneys to present evidence before trial that could help the defendant. That pre-trial hearing will ensure that the defendant's constitutional rights are protected, and the survivor's privacy is protected. The purpose of this measure is to strengthen these laws and add necessary clarification to address irrelevant, humiliating, and degrading interrogation that can often deter victim and witness participation in the criminal justice process.
The law is representative of what we know is the definition of consent. Hopefully, people feel more empowered to seek justice. Sex assaults, more than any other crime, often go unreported because victims are worried about going through the process. This new law will help to reduce the amount of re-traumatization and anxiety for the survivor.
Commentary: It is about time!!! It brings even more meaning to Denim Day!
In closing, there is a lot to digest, but it is a year that hopefully portends changes for the better. The last bill, HB24-1431, will be another blog as it is one of the main focuses for our future at Circle of Advocacy, but for now, share the spread of hope!
