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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order against defendant" Section 4, Wheat Ridge Code of Laws Section 16-110, Domestic Violence, subpart (e), is hereby repealed and reenacted as follows (e) Mandatory restraining order against defendant (1) There is hereby created a mandatory restraining order against any person charged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 1 (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 2 (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 . 3 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. --....,! . =-.J,' /{L ?l.ci,,- 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 4