C.R.S. Section 16-13-308
Temporary restraining order

  • preliminary injunction
  • when to issue

(1)

Intentionally left blank —Ed.

(a)

If probable cause for the existence of a class 1 public nuisance is shown to the court by means of a complaint supported by an affidavit, the court shall issue a temporary restraining order to abate and prevent the continuance or recurrence of the nuisance or to secure property subject to forfeiture pursuant to this part 3. Such temporary restraining order shall:

(I)

Direct the sheriff or a peace officer to seize and, where applicable, close the public nuisance and keep the same effectually closed against its use for any purpose until further order of the court;

(II)

Direct the seizure or holding, if previously seized, of all personal property subject to the provisions of this part 3; and

(III)

Restrain and enjoin persons from selling, transferring, encumbering, damaging, destroying, or using as security for a bond any property subject to this part 3.

(b)

The temporary restraining order may make such provisions as the court finds reasonable for the maintenance, utilities, insurance, and security with respect to real property subject to a public nuisance temporary restraining order, including imposing those responsibilities on the owner or defendant, if said owner or defendant is allowed reasonable access to the property consistent with those limited purposes.

(c)

The court may order that all fixtures and contents of a public nuisance be stored on the premises of such public nuisance while an action under this part 3 is pending.

(d)

The court may require that documents evidencing title or registration or that keys to property subject to this part 3 be deposited with a sheriff or peace officer, to be kept in the constructive custody of the court, while an action under this part 3 is pending.

(e)

The court may require the sheriff or peace officer executing the order to post a copy of the order on property subject to the order.

(f)

Any person with an ownership interest adversely affected by a temporary restraining order issued pursuant to this subsection (1) may file a motion to vacate the temporary restraining order. Such motion shall be filed within fourteen days of the time said person is served with or otherwise has notice of the temporary restraining order. The motion shall be set for hearing within fourteen days after its filing. At said hearing, the court shall determine whether the various provisions of the temporary restraining order should remain in effect pending final determination of the action. No part of the temporary restraining order shall be vacated unless the proponent of the motion demonstrates that there is no probable cause to believe that a public nuisance exists or that the public nuisance acts underlying the action occurred, or that the proponent has a reasonable likelihood of prevailing on the merits of the case with respect to the temporary seizure or closure of the property. No issue regarding the forfeiture of the property shall be raised at the hearing on the motion, except the court may consider an innocent owner defense pursuant to section 16-13-303 (5.2) by a proponent who has not been charged in a parallel criminal action arising from the same activity giving rise to the forfeiture proceedings. When the innocent owner defense is raised as grounds for vacating the order, the issues at the hearing shall be limited to modifying the order to provide for the use of the property during the pendency of the action by an innocent owner, but only if such use is consistent with preserving it for forfeiture as to any other interest. Such a modifying order may include, without limitation, reasonable provisions for the continued occupancy of a residence, or the operation of a business and the sale or disposition of business inventory. However, no such modifying order shall include the release of currency. The determination of the facts by the court at the hearing is independent of and shall not be considered in the determination of the same or similar facts in the adjudication of any criminal charges arising out of the same occurrences. Any motion to vacate a temporary restraining order shall state specifically the factual and legal grounds upon which it is based, and only those grounds may be considered at the hearing. Until vacated, the temporary restraining order shall remain in full force and effect.

(2)

In an action to abate a class 2 public nuisance, the court may, as a part of a preliminary injunction, direct the sheriff to seize and close such public nuisance and to keep the same effectually closed against its use for any purpose, until further order of the court. While the preliminary injunction remains in effect, the building or place seized and closed, and all personal property seized thereunder, shall be subject to the orders of the court.

(3)

Temporary restraining orders and preliminary injunctions for public nuisances other than class 1 public nuisances may be issued as provided by the Colorado rules of civil procedure. No bond or security shall be required of the district attorney or the people of the state in any action to abate a public nuisance.

Source: Section 16-13-308 — Temporary restraining order - preliminary injunction - when to issue, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-16.­pdf (accessed Oct. 20, 2023).

16‑13‑216
Powers and duties of the board
16‑13‑301
Definitions
16‑13‑302
Public nuisances - policy
16‑13‑303
Class 1 public nuisance
16‑13‑304
Class 2 public nuisance
16‑13‑305
Class 3 public nuisance
16‑13‑306
Class 4 public nuisance
16‑13‑306.5
Limitations on receipt of forfeiture payments from federal agencies
16‑13‑307
Jurisdiction - venue - parties - process
16‑13‑308
Temporary restraining order - preliminary injunction - when to issue
16‑13‑309
Judgment - relief
16‑13‑310
Redelivery of seized premises
16‑13‑311
Disposition of seized personal property
16‑13‑312
Violation of injunction
16‑13‑313
Fees - costs and fines - lien and collection
16‑13‑314
Disposition of forfeited real property
16‑13‑315
Seizure of personal property
16‑13‑316
Prior liens not subject to forfeiture - vesting of title
16‑13‑501
Short title
16‑13‑501.5
Legislative declaration
16‑13‑502
Definitions
16‑13‑503
Subject acts
16‑13‑504
Forfeiture of vehicle, fixtures and contents of building, personal property, or contraband article - exceptions
16‑13‑504.5
Limitations on receipt of forfeiture payments from federal agencies
16‑13‑505
Forfeiture proceedings
16‑13‑506
Final order - disposition of property
16‑13‑507
Disposition of contraband article or property
16‑13‑508
Forfeitures
16‑13‑509
Evidentiary presumption
16‑13‑510
Money placed in account
16‑13‑511
Severability
16‑13‑601
Receipt of federally forfeited property
16‑13‑701
Reports related to seizures and forfeitures - legislative declaration - definitions
16‑13‑702
Disposition of forfeited property
16‑13‑901
Legislative declaration
16‑13‑902
Definitions
16‑13‑903
Sexually violent predator subject to community notification - determination - implementation
16‑13‑904
Sex offender management board - duties
16‑13‑905
Local law enforcement - duties - immunity
16‑13‑906
Division of criminal justice - technical assistance team
16‑13‑1001
Legislative declaration
16‑13‑1002
Resentencing hearing for persons serving life sentences without the possibility of parole as the result of a direct file or transfer
Green check means up to date. Up to date

Current through Fall 2024

§ 16-13-308’s source at colorado​.gov