C.R.S. Section 14-10-123.6
Required notice of prior restraining orders to prevent domestic abuse

  • proceedings concerning parental responsibilities relating to a child
  • resources for family services

(1)

The general assembly hereby finds, determines, and declares that domestic violence is a pervasive problem in society and that a significant portion of domestic violence in society occurs in or near the home. The general assembly further recognizes research demonstrating that children in a home where domestic violence occurs are at greater risk of emotional, psychological, and physical harm. Studies have found that eighty to ninety percent of the children living in homes with domestic violence are aware of the violence. The general assembly finds that emerging research has established that these children are at greater risk of the following: Psychological, social, and behavioral problems; higher rates of academic problems; more physical illnesses, particularly stress-associated disorders; and a greater propensity to exhibit aggressive and violent behavior, sometimes carrying violent and violence-tolerant roles to their adult relationships. Studies have also noted that children are affected to varying degrees by witnessing violence in the home, and each child should be assessed on an independent basis. Accordingly, the general assembly determines that it is in the best interests of the children of the state of Colorado for the courts to advise the parents or guardians of children affected by domestic violence about the availability of resources and services and for such persons to be provided with information concerning the resources and services available to aid in the positive development of their children. It is the intent of the general assembly that such information would increase the awareness of the possible effects of domestic violence on children in the home, while providing the parents and legal guardians of these children with a comprehensive resource of available children’s services as well as potential financial resources to assist parents and legal guardians seeking to retain services for their children affected by domestic violence.

(2)

When filing a proceeding concerning the allocation of parental responsibilities relating to a child pursuant to this article, the filing party shall have a duty to disclose to the court the existence of any prior temporary or permanent restraining orders to prevent domestic abuse issued pursuant to article 14 of title 13, C.R.S., and any emergency protection orders issued pursuant to section 13-14-103, C.R.S., entered against either party by any court within two years prior to the filing of the proceeding. The disclosure required pursuant to this section shall address the subject matter of the previous restraining orders or emergency protection orders, including the case number and jurisdiction issuing such orders.

(3)

After the filing of the petition, the court shall advise the parties concerning domestic violence services and potential financial resources that may be available and shall strongly encourage the parties to obtain such services for their children, in appropriate cases. If the parties’ children participate in such services, the court shall apportion the costs of such services between the parties as it deems appropriate.

(4)

The parties to a domestic relations petition filed pursuant to this article shall receive information concerning domestic violence services and potential financial resources that may be available.

Source: Section 14-10-123.6 — Required notice of prior restraining orders to prevent domestic abuse - proceedings concerning parental responsibilities relating to a child - resources for family services, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-14.­pdf (accessed Oct. 20, 2023).

14‑10‑101
Short title 14‑10‑102
Purposes - rules of construction 14‑10‑103
Definitions and interpretation of terms 14‑10‑104
Uniformity of application and construction 14‑10‑104.5
Legislative declaration 14‑10‑105
Application of Colorado rules of civil procedure 14‑10‑106
Dissolution of marriage - legal separation 14‑10‑106.5
Dissolution of civil unions - legal separation - jurisdiction - applicability of article and case law 14‑10‑107
Commencement - pleadings - abolition of existing defenses - automatic, temporary injunction - enforcement 14‑10‑107.5
Entry of appearance and notice of withdrawal by delegate child support enforcement unit 14‑10‑107.7
Required notice of involvement with state department of human services 14‑10‑107.8
Required notice of prior restraining, civil protection, or emergency protection orders to prevent domestic abuse - petitions for dissolution of marriage or legal separation 14‑10‑108
Temporary orders in a dissolution case 14‑10‑109
Enforcement of protection orders 14‑10‑110
Irretrievable breakdown 14‑10‑111
Declaration of invalidity 14‑10‑112
Separation agreement 14‑10‑113
Disposition of property - definitions 14‑10‑114
Spousal maintenance - advisory guidelines - legislative declaration - definitions 14‑10‑115
Child support guidelines - purpose - determination of income - schedule of basic child support obligations - adjustments to basic child support - additional guidelines - child support commission - definitions 14‑10‑116
Appointment in domestic relations cases - representation of the best interests of the child - legal representative of the child - disclosure - short title 14‑10‑116.5
Appointment in domestic relations cases - child and family investigator - disclosure - background check 14‑10‑117
Payment of maintenance or child support 14‑10‑118
Enforcement of orders 14‑10‑119
Attorney’s fees 14‑10‑120
Decree 14‑10‑120.2
Ex-parte request for restoration of prior name of party 14‑10‑120.3
Dissolution of marriage or legal separation upon affidavit - requirements 14‑10‑120.5
Petition - fee - assessment - displaced homemakers fund 14‑10‑121
Independence of provisions of decree or temporary order 14‑10‑122
Modification and termination of provisions for maintenance, support, and property disposition - automatic lien - definitions 14‑10‑123
Commencement of proceedings concerning allocation of parental responsibilities - jurisdiction - automatic temporary injunction - enforcement - definitions 14‑10‑123.3
Requests for parental responsibility for a child by grandparents 14‑10‑123.4
Rights of children in matters relating to parental responsibilities 14‑10‑123.6
Required notice of prior restraining orders to prevent domestic abuse - proceedings concerning parental responsibilities relating to a child - resources for family services 14‑10‑123.7
Parental education - legislative declaration 14‑10‑123.8
Access to records 14‑10‑124
Best interests of the child 14‑10‑124.4
Family time for grandparents or great-grandparents - legislative declaration - definitions 14‑10‑124.5
Disputes concerning grandparent or great-grandparent family time 14‑10‑125
Temporary orders 14‑10‑126
Interviews 14‑10‑127
Evaluation and reports - training and qualifications of evaluators - disclosure 14‑10‑127.5
Domestic violence training for court personnel - expert testimony - child placement decisions - legislative declaration - definitions 14‑10‑128
Hearings 14‑10‑128.1
Appointment of parenting coordinator - disclosure 14‑10‑128.3
Appointment of decision-maker - disclosure 14‑10‑128.5
Appointment of arbitrator - de novo hearing of award 14‑10‑129
Modification of parenting time 14‑10‑129.5
Disputes concerning parenting time 14‑10‑130
Judicial supervision 14‑10‑131
Modification of custody or decision-making responsibility 14‑10‑131.7
Designation of custody for the purpose of other state and federal statutes 14‑10‑131.8
Construction of 1999 revisions 14‑10‑132
Affidavit practice 14‑10‑133
Effective date - applicability
Green check means up to date. Up to date

Current through Fall 2024

§ 14-10-123.6’s source at colorado​.gov