HomeMy WebLinkAboutOrdinance-1995-0998
INTRODUCED BY COUNCIL MEMBER WORTH
Council Bill No 13 Ordinance No. 998
TITLE:
AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY
OF WHEAT RIDGE, COLORADO REGARDING RESTRAINING
ORDERS ISSUED BY THE MUNICIPAL COURT AND THE
VIOLA nON OF SUCH RESTRAINING ORDERS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT'
Section 1. Wheat Ridge Code of Laws, Section 16-110, Domestic Violence, subpart (a)(2)
t is hereby amended to read as follows'
Violation of restraining order or contact limitation order (C.R,S. 14-4-102, Wheat Ridge
Code 16-110),
Section 2. Wheat Ridge Code of Laws, Section 16-110, Domestic Violence, subpart (c) is
amended to replace "contact limitation order" with "restraining order."
Section 3, Wheat Ridge Code of Laws Section 16-110, Domestic Violence, subpart (d) (3)
is amended to replace "Shall make pretrial contact limitation orders" with "Shall issue mandatory
restraining order against defendant"
Section 4, Wheat Ridge Code of Laws Section 16-110, Domestic Violence, subpart (e), is
hereby repealed and reenacted as follows
(e) Mandatory restraining order against defendant
(1) There is hereby created a mandatory restraining order against any person charged
with any violation of domestic violence pursuant to this section, which order shall remain
in effect from the time that the person is advised of such order at such person's
arraignment or first court appearance before the court until final disposition of the action
or until further order of the court. Such order shall restrain the person charged from
harassing, molesting, intimidating, retaliating against, or tampering with any witness to
or victim of the acts charged. The restraining order issued pursuant to this section shall
be on a standardized form prescribed by the state judicial department and a copy shall
be provided to the protected parties by the court.
(2) At the time of the person's arraignment or first court appearance before the court,
the court shall inform the defendant of the restraining order effective pursuant to this
section and shall inform the defendant that a violation of such order is punishable by
contempt
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(3) The provisions of the restraining order Issued pursuant to this section may be
continued by the court after sentencing if the court deems such action reasonable and
necessary, In addition, nothing in this section shall preclude the defendant from applying
to the court at any time for modification or dismissal of such order or the prosecuting
attorney from applying to the court at any time for further orders, additional provisions
under the restraining order, or modification or dismissal of the same. Upon motion of
the prosecuting attorney, or on the court's motion to protect the alleged victim, the court
may, enter any of the following further orders against the defendant:
a. An order to vacate or stay away from the home of the victim and to stay
away from any other location where the victim is likely to be found,
b. An order to refrain from contact or direct or indirect communication with
the victim,
c An order prohibiting possession or control of firearms or other weapons,
d. An order prohibiting possession or consumption of alcohol or controlled
substances; and
e Any other order the court deems appropriate to protect the safety of the
alleged victim.
(4) Any person failing to comply with a restraining order issued pursuant to this
section commits the crime of violation of a restraining order and may be punished as
provided in Wheat Ridge Code of Law section 16-111
(5) The court shall state the terms of the restraining order issued pursuant to this
section, including any additional provisions added pursuant to subsection (3) of this
section, to the defendant on the record and the court shall further require the defendant
to acknowledge the restraining order as a condition of any bond for the release of the
defendant. The court shall notify the alleged victim of the order if such person is not
present at the time the restraining order is issued.
(6) The defendant, victim, or the prosecuting attorney may request a hearing before
the court to modify the terms of a restraining order issued pursuant to this section. Upon
such a request, the court shall set a hearing and the court shall send notice of the hearing
to the defendant and the victim. At the hearing the court shall review the terms of the
restraining order and any further orders entered and shall consider the modifications, if
any, requested by the defendant, victim, or the prosecuting attorney. No modification(s)
shall be made if the victim is not present at the hearing and notified of the
modification(s) on the record. The victim shall be provided with a copy of the amended
restraining order
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(7) The issuance of a mandatory restraining order against the defendant shall be
considered a restraining order in accordance with the provisions of C R.S 14-4-102, as
amended, with notice of the restraining order made to the defendant in open court, on
the record. Notice of an amended restraining order shall be made to the defendant in
open court, on the record
SectIon 5. Wheat Ridge Code of Laws Section 16-111, Violation of Contact Limitation
Order, is hereby repealed and reenacted as follows:
Sec. 16-111. Violation of restraining order
(1) It shall be unlawful for any person to knowingly violate or fail to comply with the
terms of a restraining order issued and entered by a municipal court judge pursuant to
section 16-11 0 (e) of this Code of Laws
(2) It shall be unlawful for any person to knowingly violate or fail to comply with the
terms of a contact limitation order issued and entered by a municipal court judge
pursuant to section 16-110 (e) of this Code of Laws prior to April 24, 1995 This
subsection shall be automatically repealed on April 24, 1996
(3) Any sentence imposed for violation of a restraining order or contact limitation
order shall run consecutively and not concurrently with any sentence imposed for any
crime which gave rise to the issuing of the order
(4) Nothing in this section shall be construed to alter or diminish the inherent
authority of the court to enforce its orders through civil or criminal contempt
proceedings.
(5) No person charged with a violation of any order pursuant to this sections shall be
permitted, in the criminal action resulting from such charges, to collaterally attack the
validity of the order which such person is accused of violating
Section 6. Safetv Clause. The City Council hereby finds, determines, and declares that
this ordinance is promulgated under the general police power of the City of Wheat Ridge, that
it is promulgated for the health, safety, and welfare of the public, and that this ordinance is
necessary for the preservation of health and safety and for the protection of public convenience
and welfare The City Council further determines that the ordinance bears a rational relation
to the proper legislative object sought to be attained.
Section 7, Severabilitv. If any clause, sentence, paragraph, or part of this ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court
of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the
remainder of this ordinance or its application to other persons or circumstances
Section 8,
This ordinance shall take affect upon passage .
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INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to ~ on this
27th day of March , 1995, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage
set for Apri 1 24 , 1995, at 7:00 o'clock p m., in the Council Chambers, 7500 West
29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
~ to~, this 24th day of April , 1995
SIGNED by the Mayor on this 25thday of Apri 1
, 1995.
--....,! .
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Wanda Sang, City Clerk ':::--
~~
DAN WILDE, Mayor
GERALD E. DAHL, CITY ATTORNEY
1st Publication. Apri 1 6, 1995
2nd Publication. May 4, 1995
Jefferson Sentinel
Effective Date. Apri 1 24, 1995
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