(1) Definitions. As used in this section, foreign protection order means any protection or restraining order, injunction, or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary or final orders, other than child support or custody orders, issued by a civil or criminal court of another state, an Indian tribe, or a United States territory or commonwealth.
(2) Full faith and credit. Courts of this state shall accord full faith and credit to a foreign protection order as if the order were an order of this state, notwithstanding section 14-11-101, C.R.S., and article 53 of this title, if the order meets all of the following conditions:
(a) The foreign protection order was obtained after providing the person against whom the protection order was sought reasonable notice and an opportunity to be heard sufficient to protect his or her due process rights. If the foreign protection order is an ex parte injunction or order, the person against whom it was obtained must have been given notice and an opportunity to be heard within a reasonable time after the order was issued sufficient to protect his or her due process rights.
(b) The court that issued the order had jurisdiction over the parties and over the subject matter; and
(c) The order complies with section 13-14-106 (3).
(3) Process. A person entitled to protection under a foreign protection order may, but is not required to, file such order in the district or county court by filing with such court a certified copy of such order, which must be entered into the central registry of protection orders created in section 18-6-803.7, C.R.S. The certified order must be accompanied by an affidavit in which the protected person affirms to the best of his or her knowledge that the order has not been changed or modified since it was issued. There shall be no filing fee charged. It is the responsibility of the protected person to notify the court if the protection order is subsequently modified.
(4) Enforcement. Filing of the foreign protection order in the central registry or otherwise domesticating or registering the order pursuant to article 53 of this title or section 14-11-101, C.R.S., is not a prerequisite to enforcement of the foreign protection order. A peace officer shall presume the validity of, and enforce in accordance with the provisions of this article, a foreign protection order that appears to be an authentic court order that has been provided to the peace officer by any source. If the protected party does not have a copy of the foreign protection order on his or her person and the peace officer determines that a protection order exists through the central registry, the national crime information center as described in 28 U.S.C. sec. 534, or through communication with appropriate authorities, the peace officer shall enforce the order. A peace officer may rely upon the statement of any person protected by a foreign protection order that it remains in effect. A peace officer who is acting in good faith when enforcing a foreign protection order is not civilly liable or criminally liable pursuant to section 18-6-803.5 (5), C.R.S.
Source: L. 2013: Entire section added with relocations, (HB 13-1259), ch. 218, p. 1015, � 16, effective July 1.
Editor's note: This section is similar to former � 13-14-104 as it existed prior to 2013.
13-14-111. Transfer of wireless telephone service in domestic abuse cases - definitions. (1) In addition to the options described in section 13-14-103 (1)(b), as part of a request for a temporary or permanent protection order in a case involving domestic violence, sexual violence, or stalking, the court may enter an order directing a wireless telephone service provider to transfer the financial responsibility for and rights to a wireless telephone number or numbers to the petitioner if the petitioner:
(a) Is not the account holder; and
(b) 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 be transferred pursuant to this section.
(2) (a) An order transferring the financial responsibility for and rights to a wireless telephone number or numbers to a petitioner pursuant to this section must be a separate written order that is directed to the wireless telephone service provider.
(b) The order must list the name and billing telephone number of the account holder, the name and contact information of the petitioner to whom the telephone number or numbers will be transferred, and each telephone number to be transferred to the petitioner.
(c) The court shall ensure that the petitioner's contact information is not provided to the account holder in proceedings held pursuant to this article 14.
(d) The order must be sent or delivered in person or electronically by the petitioner to the wireless telephone service provider's registered agent.
(e) A wireless telephone service provider must terminate the account holder's use of a telephone number that the court has ordered to be transferred to the petitioner pursuant to this section unless the wireless telephone service provider notifies the petitioner and the court within five business days after the wireless telephone service provider receives the order either that an account holder named in the order has terminated the account or that the requested transfer cannot be effectuated due to differences in network technology that prevent functionality of a device on the network or due to geographic limitations on network or service availability.
(3) A transfer ordered pursuant to this section does not preclude a wireless telephone service provider from applying any routine and customary requirements for account establishment to the petitioner as part of the transfer of financial responsibility for a wireless telephone number or numbers and any devices attached to the number or numbers, including, without limitation, identification, financial information, and customer preferences.
(4) A wireless telephone service provider is immune from civil liability for complying with an order to transfer a telephone number pursuant to this section.
(5) For purposes of this section:
(a) Account holder means a respondent who has a civil protection order issued against them, the underlying basis of which includes an act of domestic violence, sexual violence, or stalking, and maintains an account with a wireless telephone service provider.
(b) Financial responsibility means an obligation to pay service fees and other costs and charges associated with a telephone number.
(c) Wireless telephone service provider means a person or entity that provides or resells commercial mobile service, as defined in section 47 U.S.C. sec. 332 (d)(1).
Source: L. 2024: Entire section added, (HB 24-1122), ch. 330, p. 2237, � 10, effective January 1, 2025.