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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0088.03 Jacob Baus x2173 HOUSE BILL 26-1309
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING MEASURES RELATED TO FORMS OF ABUSE IN CASES101
REGARDING A SEPARATION OF A RELATIONSHIP.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Under current law, the court is required to determine the allocation
of parental responsibilities, including parenting time and decision-making
responsibilities, based on the best interests of the child.
The bill requires that prior to allocating parental responsibilities
and prior to considering the best interests of the child factors, the court
shall determine whether a party has committed domestic violence. If the
HOUSE SPONSORSHIP
Froelich and Story,
SENATE SPONSORSHIP
Wallace,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
court determines by a preponderance of the evidence that a party has
committed domestic violence, there is a presumption that it is not in the
best interests of the child to allocate parental responsibilities to that
parent.
The bill requires the court to make specific written findings and
require conditions if the court awards parental responsibilities to a party
found to have committed domestic violence.
Under current law, prior to a court ordering a party accused of
domestic violence or child abuse to take steps to improve a relationship
with a protected party, a mental health professional who is approved by
the domestic violence offender management board must verify the
accused party's behavior. Instead, the bill requires that the accused party
participate in individual therapeutic treatment with a mental health
professional who holds a master's or doctoral degree and a certain mental
health license type, has specialized training and expertise in treating
survivors of domestic violence and its effects, and has completed a
52-week domestic violence abuser intervention program.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) Colorado has led the United States in enacting family court4
reforms;5
(b) In recent years, a series of bills have been enacted that seek to6
protect parents and children from domestic violence and child abuse when7
a family court is determining custody. These bills have required training8
in domestic violence and child abuse, created protections for coercive9
control and its insidious permutations, and brought many survivors to the10
Colorado capitol to share their stories.11
(c) Despite efforts to protect victims and survivors, family courts12
still award unsupervised custody, order court-ordered reunification,13
remove protection orders, and dismiss the realities of various forms of14
abuse;15
(d) In 2025, the domestic violence fatality review board reported16
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a record number of domestic violence fatalities. At least 7 domestic1
violence fatalities directly involved domestic relations cases between the2
victim and the perpetrator, 2 of which closed prior to the fatality and 5 of3
which were still open. The 5 open cases involved child custody litigation,4
and 4 of the 5 open cases involved multiple victims, resulting in 95
homicides and one attempted homicide.6
(e) Over 62% of Colorado's child domestic violence fatality7
victims were killed during child custody litigation. Of the 8 child8
domestic violence fatality victims in 2024, 5 children were involved in9
their parents' custody disputes.10
(f) Studies suggest that one parent using repeated court actions11
against the other parent is a pervasive, multifaceted, and effective tactic12
to further coercive control. Parents who are abusive may misuse the legal13
system by repeatedly bringing groundless motions for modification and14
enforcement, and even false reports of child abuse.15
(g) Seventy-three percent of domestic relations litigants appear in16
family court without a lawyer;17
(h) Seventy-two percent of all murder-suicides involve an intimate18
partner, and 94% of the murder victims in murder-suicides are female;19
(i) Lethality often escalates following separation;20
(j) Parents who are abused face an increased risk of serious and21
lethal violence when separating from the parent who is abusive;22
(k) As of 2018, all states and the District of Columbia required23
domestic violence to be considered in the best interests of the child24
analysis, with 26 states and D.C. giving domestic violence extra weight.25
Twenty-eight states and D.C. provide a statutory presumption against26
awarding custody to a perpetrator of domestic violence.27
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(l) An extensive body of research suggests that exposure to1
domestic violence places children at risk of adverse developmental,2
behavioral, physical, and mental health consequences, including3
depression, anxiet y, poor copi ng mechanisms, suicidal ideations,4
self-harm, substance abuse, and chronic pain.5
(2) Therefore, the general assembly declares that:6
(a) In order to protect parents and children from domestic7
violence, Colorado must prioritize safety during family court proceedings;8
(b) Safety must be prioritized before contact;9
(c) Courts need clear guidance and standards to address domestic10
violence in determinations concerning the allocation of parental11
responsibilities to ensure consistent application and protection of victims12
and children; and13
(d) It is necessary to presume that, if a parent has committed14
domestic violence, it is not in the best interests of the child to allocate15
parental responsibilities to that parent. This presumption is necessary to16
allow courts the ability to consider individual circumstances while17
maintaining a strong and protective stance against allocating parental18
responsibilities to an abusive parent.19
SECTION 2. In Colorado Revised Statutes, 14-10-103, amend20
(1.5)(a) and (1.5)(b); and add (1.5)(c.2), (1.5)(c.4), (1.5)(c.6), and21
(1.5)(c.8) as follows:22
14-10-103. Definitions and interpretations of terms.23
(1.5) As used in this article 10, unless the context otherwise24
requires:25
(a) "Coercive control" has the same meaning as set forth in26
section 14-10-124 (1.3) MEANS A PATTERN OF THREATENING ,27
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HUMILIATING, OR INTIMIDATING ACTIONS, INCLUDING ASSAULTS OR OTHER1
ABUSE, THAT IS USED TO HARM , PUNISH, OR FRIGHTEN AN INDIVIDUAL .2
"COERCIVE CONTROL" INCLUDES A PATTERN OF BEHAVIOR THAT TAKES3
AWAY THE INDIVIDUAL 'S LIBERTY OR FREEDOM AND STRIPS AWAY THE4
INDIVIDUAL'S SENSE OF SELF , INCLUDING THE INDIVIDUAL 'S BODILY5
INTEGRITY AND HUMAN RIGHTS . "COERCIVE CONTROL " INCLUDES6
ISOLATING THE INDIVIDUAL FROM SUPPORT, EXPLOITING THE INDIVIDUAL,7
DEPRIVING THE INDIVIDUAL OF INDEPENDENCE , AND REGULATING THE8
INDIVIDUAL'S EVERYDAY BEHAVIOR . "COERCIVE CONTROL" INCLUDES,9
BUT IS NOT LIMITED TO, ANY OF THE FOLLOWING:10
(I) ISOLATING THE INDIVIDUAL FROM FRIENDS AND FAMILY;11
(II) MONITORING, SURVEILLING, REGULATING, OR CONTROLLING12
THE INDIVIDUAL 'S, OR THE INDIVIDUAL 'S CHILD 'S OR RELATIVE 'S,13
FINANCES, ECONOMIC RESOURCES, OR ACCESS TO SERVICES;14
(III) MONITORING, SURVEILLING, REGULATING, OR CONTROLLING15
THE INDIVIDUAL 'S, OR THE INDIVIDUAL 'S CHILD 'S OR RELATIVE 'S,16
ACTIVITIES, COMMUNICATIONS, OR MOVEMENTS , INCLUDING THROUGH17
TECHNOLOGY;18
(IV) N AME-CALLING, DEGRADING , OR DEMEANING THE19
INDIVIDUAL, OR THE INDIVIDUAL'S CHILD OR RELATIVE, ON A FREQUENT20
BASIS;21
(V) T HREATENING TO HARM OR KILL THE INDIVIDUAL , OR THE22
INDIVIDUAL'S CHILD OR RELATIVE , INCLUDING WEARING , ACCESSING ,23
DISPLAYING, USING , OR CLEANING A WEAPON IN AN INTIMIDATING OR24
THREATENING MANNER;25
(VI) T HREATENING TO COMMIT SUICIDE OR OTHERWISE HARM26
ONE'S OWN PERSON WHEN USED AS A METHOD OF COERCION , CONTROL,27
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PUNISHMENT, INTIMIDATION, OR RETALIATION AGAINST THE PERSON;1
(VII) THREATENING TO HARM OR KILL AN ANIMAL WITH WHICH2
THE INDIVIDUAL , OR THE INDIVIDUAL 'S CHILD OR RELATIVE , HAS AN3
EMOTIONAL BOND;4
(VIII) T HREATENING TO PUBLISH THE INDIVIDUAL 'S, OR THE5
INDIVIDUAL'S CHILD'S OR RELATIVE'S, SENSITIVE PERSONAL INFORMATION,6
INCLUDING SEXUALLY EXPLICIT MATERIAL , OR MAKE REPORTS TO THE7
POLICE OR AUTHORITIES;8
(IX) DAMAGING THE INDIVIDUAL'S, OR THE INDIVIDUAL'S CHILD'S9
OR RELATIVE'S, PROPERTY OR HOUSEHOLD GOODS;10
(X) THREATENING THE INDIVIDUAL, OR THE INDIVIDUAL'S CHILD11
OR RELATIVE, WITH DEPORTATION OR CONTACTING AUTHORITIES BASED12
ON PERCEIVED OR ACTUAL IMMIGRATION STATUS , WITHHOLDING13
ESSENTIAL DOCUMENTS REQUIRED FOR IMMIGRATION, OR THREATENING14
TO WITHDRAW OR INTERFERE WITH AN ACTIVE IMMIGRATION APPLICATION15
OR PROCESS; OR16
(XI) FORCING THE INDIVIDUAL, OR THE INDIVIDUAL 'S CHILD OR17
RELATIVE, TO TAKE PART IN CRIMINAL ACTIVITIES OR CHILD ABUSE.18
(b) (I) "Domestic violence" has the same meaning as set forth in19
section 14-10-124 (1.3) MEANS ONE OF THE FOLLOWING COMMITTED BY20
A PARTY , WHETHER OR NOT THE CONDUCT CONSTITUTES A CRIMINAL21
OFFENSE:22
(A) A N ACT OR THREATENED ACT OF PHYSICAL ASSAULT OR23
BODILY HARM AGAINST THE OTHER PARENT OR A FAMILY OR HOUSEHOLD24
MEMBER, INCLUDING A CHILD;25
(B) A N ACT OR THREATENED ACT OF DAMAGE TO PROPERTY26
BELONGING TO THE OTHER PARENT OR A FAMILY OR HOUSEHOLD MEMBER,27
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INCLUDING A CHILD;1
(C) A N ACT OR THREATENED ACT OF PHYSICAL ASSAULT OR2
BODILY HARM AGAINST AN ANIMAL BELONGING TO THE OTHER PARENT OR3
A FAMILY OR HOUSEHOLD MEMBER, INCLUDING A CHILD;4
(D) STALKING;5
(E) SEXUAL ASSAULT;6
(F) HEALTH-RELATED ABUSE;7
(G) COERCIVE CONTROL;8
(H) TECHNOLOGICAL ABUSE;9
(I) ECONOMIC ABUSE; OR10
(J) HUMAN TRAFFICKING.11
(II) "DOMESTIC VIOLENCE" DOES NOT MEAN BEHAVIORS THAT ARE12
USED BY A PARENT TO PROTECT THEMSELF ; A FAMILY OR HOUSEHOLD13
MEMBER, INCLUDING A CHILD ; OR PROPERTY , INCLUDING AN ANIMAL ,14
FROM THE HARM OR RISK OF HARM PRESENTED BY THE OTHER PARENT.15
(c.2) "HEALTH-RELATED ABUSE" MEANS THE COMMISSION OF ONE16
OF THE FOLLOWING BY A PARENT AGAINST THE OTHER PARENT OR17
ANOTHER PERSON, INCLUDING A CHILD, THROUGH AN ACT OR THREATENED18
ACT OF PHYSICAL HARM, INTIMIDATION, OR COERCIVE CONTROL:19
(I) INTERFERENCE WITH OR CONTROLLING OR PREVENTING ACCESS20
TO MEDICAL CARE , MEDICINE , MEDICAL DEVICES , HEALTH -RELATED21
SERVICES, OR PUBLIC OR PRIVATE HEALTH-CARE COVERAGE;22
(II) I NTERFERENCE WITH OR CONTROLLING OR PREVENTING23
ACCESS TO MENTAL OR BEHAVIORAL HEALTH CARE OR MEDICINE; OR24
(III) I NTERFERENCE WITH OR CONTROLLING OR PREVENTING25
ACCESS TO REPRODUCTIVE HEALTH CARE, INCLUDING CONTRACEPTIVE USE26
OR REPRODUCTIVE HEALTH -CARE INFORMATION , OR CONTROLLING OR27
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ATTEMPTING TO CONTROL PREGNANCY OUTCOMES.1
(c.4) "INTIMATE RELATIONSHIP" MEANS A RELATIONSHIP BETWEEN2
SPOUSES, FORMER SPOUSES, PAST OR PRESENT UNMARRIED COUPLES, OR3
PERSONS WHO ARE BOTH PARENTS OF THE SAME CHILD , REGARDLESS OF4
WHETHER THE PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER5
AT ANY TIME.6
(c.6) "SEXUAL ASSAULT" HAS THE MEANING SET FORTH IN SECTION7
19-1-103.8
(c.8) "TECHNOLOGICAL ABUSE" MEANS AN ACT OR PATTERN OF9
BEHAVIOR BY A PARENT AGAINST THE OTHER PARENT OR ANOTHER10
PERSON THAT IS INTENDED TO HARM , THREATEN , INTIMIDATE , STALK ,11
IMPERSONATE, EXPLOIT, OR EXTORT THROUGH THE USE OF TECHNOLOGY.12
"TECHNOLOGICAL ABUSE " INCLUDES , BUT IS NOT LIMITED TO , THE13
FOLLOWING:14
(I) ELECTRONIC MONITORING OR SURVEILLANCE;15
(II) DISCLOSURE OF INTIMATE OR SEXUALLY EXPLICIT MATERIAL16
THROUGH THE USE OF TECHNOLOGY; OR17
(III) IMPERSONATION THROUGH THE USE OF TECHNOLOGY.18
SECTION 3. In Colorado Revised Statutes, 14-10-124, repeal19
(1.3); and add (1.4) as follows:20
14-10-124. Best interests of the child.21
(1.3) Definitions. For purposes of this section and section22
14-10-129 (2)(c), unless the context otherwise requires:23
(a) "Coercive control" means a pattern of threatening,24
humiliating, or intimidating actions, including assaults or other abuse,25
that is used to harm, punish, or frighten an individual. "Coercive control"26
includes a pattern of behavior that takes away the individual's liberty or27
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freedom and strips away the individual's sense of self, including the1
individual's bodily integrity and human rights. "Coercive control"2
includes isolating the individual from support, exploiting the individual,3
depriving the individual of independence, and regulating the individual's4
everyday behavior. "Coercive control" includes, but is not limited to, any5
of the following:6
(I) Isolating the individual from friends and family;7
(II) Monitoring, surveilling, regulating, or controlling the8
individual's, or the individual's child's or relative's, finances, economic9
resources, or access to services;10
(III) Monitoring, surveilling, regulating, or controlling the11
individual's, or the individual's child's or relative's, activities,12
communications, or movements, including through technology;13
(IV) Name-calling, degrading, or demeaning the individual, or the14
individual's child or relative, on a frequent basis;15
(V) Threatening to harm or kill the individual or the individual's16
child or relative, including wearing, accessing, displaying, using, or17
cleaning a weapon in an intimidating or threatening manner;18
(VI) Threatening to commit suicide or otherwise harm one's own19
person, when used as a method of coercion, control, punishment,20
intimidation, or retaliation against the person;21
(VII) Threatening to harm or kill an animal with which the22
individual or the individual's child or relative has an emotional bond;23
(VIII) Threatening to publish the individual's, or the individual's24
child's or relative's, sensitive personal information, including sexually25
explicit material, or make reports to the police or authorities;26
(IX) Damaging the individual's, or the individual's child's or27
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relative's, property or household goods;1
(X) Threatening the individual, or the individual's child or2
relative, with deportation or contacting authorities based on perceived or3
actual immigration status, withholding essential documents required for4
immigration, or threatening to withdraw or interfere with an active5
immigration application or process; or6
(XI) Forcing the individual, or the individual's child or relative,7
to take part in criminal activities or child abuse.8
(b) "Domestic violence" means an act of violence or a threatened9
act of violence upon a person with whom the actor is or has been10
involved in an intimate relationship, and may include any act or11
threatened act against a person or against property, including an animal,12
when used as a method of coercion, control, punishment, intimidation, or13
revenge directed against a person with whom the actor is or has been14
involved in an intimate relationship.15
(c) "Intimate relationship" means a relationship between spouses,16
former spouses, past or present unmarried couples, or persons who are17
both parents of the same child regardless of whether the persons have18
been married or have lived together at any time.19
(d) "Sexual assault" has the same meaning as set forth in section20
19-1-103.21
(1.4) (a) (I) PRIOR TO CONSIDERING THE BEST INTERESTS OF THE22
CHILD PURSUANT TO SUBSECTION (1.5) OF THIS SECTION AND ALLOCATING23
PARENTING TIME OR SOLE OR JOINT DECISION -MAKING RESPONSIBILITY,24
THE COURT SHALL DETERMINE WHETHER, BY A PREPONDERANCE OF THE25
EVIDENCE, A PARTY HAS COMMITTED DOMESTIC VIOLENCE AND MAKE26
WRITTEN FINDINGS THAT STATE THE EVIDENCE THAT WAS RELIED ON IN27
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THE COURT'S DETERMINATION. THE FOLLOWING IS INSUFFICIENT FOR A1
COURT TO DETERMINE THAT DOMESTIC VIOLENCE HAS NOT OCCURRED:2
(A) THE ABSENCE OF A CONVICTION;3
(B) THE ABSENCE OF A PLEA OF GUILTY OR NOLO CONTENDERE4
RESULTING IN A DEFERRED SENTENCE;5
(C) A DISMISSAL OF THE UNDERLYING CHARGE;6
(D) A DISMISSAL OF A PREVIOUS PROTECTION ORDER; OR7
(E) A FINDING OF INCONCLUSIVE OR UNFOUNDED REGARDING8
BEHAVIOR INVESTIGATED BY THE STATE DEPARTMENT OF HUMAN9
SERVICES, A COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES, OR A10
CITY AND COUNTY.11
(II) W HEN DETERMINING WHETHER DOMESTIC VIOLENCE HAS12
OCCURRED, THE COURT SHALL CONSIDER ANY RELEVANT AND ADMISSIBLE13
EVIDENCE OF DOMESTIC VIOLENCE. THE EVIDENCE MAY INCLUDE, BUT IS14
NOT LIMITED TO, THE FOLLOWING:15
(A) A COURT RECORD DOCUMENTING THE CONVICTION FOR16
DOMESTIC VIOLENCE OR CONVICTION OF AN ACT IN WHICH THE17
UNDERLYING FACTUAL BASIS WAS DOMESTIC VIOLENCE;18
(B) A POLICE REPORT OR ARREST RECORD CONCERNING THE19
DOMESTIC VIOLENCE;20
(C) A MEDICAL RECORD;21
(D) A RECORD FROM A LICENSED MENTAL HEALTH PROFESSIONAL22
OR VICTIM'S ADVOCATE;23
(E) AN ACTIVE OR EXPIRED PROTECTION ORDER;24
(F) A RECORD OF COMMUNICATION;25
(G) WITNESS TESTIMONY;26
(H) A PRIOR COURT'S OR ADMINISTRATIVE AGENCY'S RECORD OR27
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FINDINGS CONCERNING DOMESTIC VIOLENCE;1
(I) A RECORD OR FINDING RELATED TO A PARTY 'S PETITION OR2
STATUS PURSUANT TO THE FEDERAL "VIOLENCE AGAINST WOMEN ACT OF3
1994", 18 U.S.C. SEC. 2265;4
(J) A RECORD OR FINDING RELATED TO A PARTY 'S PETITION OR5
STATUS FOR A U VISA PURSUANT TO THE FEDERAL "VICTIMS OF6
TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000", 22 U.S.C. SEC.7
7101 ET SEQ.; OR8
(K) A RECORD OR FINDING RELATED TO A PARTY 'S APPLICATION9
OR STATUS FOR A BENEFIT OR ASSISTANCE PROGRAM WITH ELIGIBILITY10
FOR VICTIMS OF DOMESTIC VIOLENCE.11
(b) I F A COURT DETERMINES BY A PREPONDERANCE OF THE12
EVIDENCE THAT A PARTY HAS COMMITTED DOMESTIC VIOLENCE, THERE IS13
A REBUTTABLE PRESUMPTION THAT IT IS NOT IN THE BEST INTERESTS OF14
THE CHILD TO ALLOCATE PARENTING TIME OR SOLE OR MUTUAL15
DECISION-MAKING AUTHORITY TO THE PARTY FOUND TO HAVE16
COMMITTED DOMESTIC VIOLENCE.17
(c) IN EVERY CASE , THE COURT SHALL MAKE SPECIFIC WRITTEN18
FINDINGS IN AN ORDER CONCERNING WHETHER OR NOT THE COURT19
DETERMINED BY A PREPONDERANCE OF EVIDENCE THAT A PARTY HAS20
COMMITTED DOMESTIC VIOLENCE . IF A COURT ALLOCATES PARENTING21
TIME OR SOLE OR MUTUAL DECISION -MAKING AUTHORITY TO A PARTY22
WHO THE COURT DETERMINED BY A PREPONDERANCE OF THE EVIDENCE23
HAS COMMITTED DOMESTIC VIOLENCE, THE COURT SHALL:24
(I) MAKE SPECIFIC, WRITTEN FINDINGS IN ITS ORDER THAT:25
(A) STATE THE EVIDENCE THAT WAS RELIED ON IN THE COURT 'S26
DETERMINATION TO ALLOCATE PARENTING TIME OR SOLE OR MUTUAL27
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DECISION-MAKING AUTHORITY TO A PARTY WHO THE COURT DETERMINED1
BY A PREPONDERANCE OF THE EVIDENCE HAS COMMITTED DOMESTIC2
VIOLENCE;3
(B) EXPLAIN HOW THE ORDER PROMOTES THE CHILD'S SAFETY AND4
PHYSICAL, MENTAL , AND EMOTIONAL WELL -BEING, WITH SPECIFIC5
REFERENCE TO NECESSARY PROTECTIVE MEASURES;6
(C) EXPLAIN HOW THE ORDER PROTECTS THE ABUSED PARTY AND7
THE CHILD FROM FURTHER HARM , WITH SPECIFIC REFERENCE TO8
NECESSARY PROTECTIVE MEASURES; AND9
(D) D EMONSTRATE THAT THE COURT CONDUCTED THE BEST10
INTEREST OF THE CHILD ANALYSIS REQUIRED PURSUANT TO SUBSECTION11
(1.5) OF THIS SECTION, WITH CONSIDERATION OF DOMESTIC VIOLENCE TO12
EACH FACTOR; AND13
(II) PLACE CONDITIONS ON PARENTING TIME THAT ENSURE THE14
SAFETY OF THE CHILD AND ABUSED PARTY , GIVING PARAMOUNT15
CONSIDERATION TO THE SAFETY AND THE PHYSICAL , MENTAL , AND16
EMOTIONAL WELL -BEING AND NEEDS OF THE CHILD . THE REQUIRED17
CONDITIONS MAY INCLUDE AN ORDER THAT IMPOSES ANY OTHER18
CONDITION ON ONE OR MORE PARTIES THAT THE COURT DETERMINES IS19
NECESSARY TO PROTECT THE CHILD , ABUSED PARTY , OR ANY OTHER20
FAMILY OR HOUSEHOLD MEMBER OF THE ABUSED PARTY.21
SECTION 4. In Colorado Revised Statutes, 14-10-127.5, amend22
(3)(c) as follows:23
14-10-127.5. Domestic violence training for court personnel24
- expert testimony - child placement decisions - legislative declaration25
- definitions.26
(3) (c) If a court issues an order to remediate the resistance of a27
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child to have contact with an accused A party FOUND BY THE COURT TO1
HAVE COMMITTED DOMESTIC VIOLENCE OR CHILD ABUSE, the order must2
primarily address the behavior of the accused party, who shall accept3
responsibility for the accused party's actions that negatively affected the4
accused party's relationship with the child, and a mental health5
professional approved by the domestic violence offender management6
board shall verify the accused party's behavior before the court orders a7
protective party to take steps to improve the relationship with the accused8
party ADDRESS THE PARTY'S BEHAVIOR. IN ORDER FOR A COURT TO ISSUE9
AN ORDER PURSUANT TO THIS SUBSECTION (3)(c), THE PARTY FOUND BY10
THE COURT TO HAVE COMMITTED DOMESTIC VIOLENCE OR CHILD ABUSE11
MUST:12
(I) DEMONSTRATE GENUINE ACCOUNTABILITY FOR COMMISSION13
OF DOMESTIC VIOLENCE AND ITS EFFECT ON THE OTHER PARENT OR14
ANOTHER PERSON, INCLUDING A CHILD;15
(II) D EMONSTRATE SUSTAINED BEHAVIORAL CHANGES THAT16
ADDRESS UNDERLYING PATTERNS OF POWER AND CONTROL;17
(III) COMPLY WITH THE COURT'S ORDER REGARDING INDIVIDUAL18
THERAPY IN ORDER TO EXERCISE PARENTING TIME, INCLUDING PROVIDING19
PERIODIC PROOF OF COMPLIANCE OF THE TREATMENT IF PROOF OF20
COMPLIANCE IS ORDERED BY THE COURT . INDIVIDUAL THERAPEUTIC21
TREATMENT MUST BE WITH A MENTAL HEALTH PROFESSIONAL WHO HAS:22
(A) A MASTER 'S OR DOCTORAL DEGREE AND IS LICENSED23
PURSUANT TO ARTICLE 245 OF TITLE 12; AND24
(B) S PECIALIZED TRAINING AND EXPERTISE IN TREATING25
SURVIVORS AND PERPETRATORS OF DOMESTIC VIOLENCE AND CHILD26
ABUSE, AND THE EFFECTS OF DOMESTIC VIOLENCE AND CHILD ABUSE ON27
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ADULTS AND CHILDREN; AND1
(IV) COMPLETE A FIFTY-TWO-WEEK DOMESTIC VIOLENCE ABUSER2
INTERVENTION PROGRAM THAT MEETS EITHER IN-PERSON OR IN REAL-TIME3
IF REMOTELY. A PROGRAM DOES NOT MEET THE REQUIREMENTS OF THIS4
SUBSECTION (3)(c) IF IT IS NOT IN REAL-TIME, IS SELF-DIRECTED, OR IS AN5
ANGER MANAGEMENT COURSE.6
SECTION 5. In Colorado Revised Statutes, 14-10-128.1, amend7
(2)(b) as follows:8
14-10-128.1. Appointment of parenting coordinator -9
disclosure.10
(2) (b) In a ddition to ma king the findings required pursuant to11
subsection (2)(a) of th is secti on, prior to appointing a parenting12
coordinator, the court may consider the effect of any claim or13
documented evidence of domestic violence as defined in section14
14-10-124, by the other party on the parties' ability to engage in parent15
coordination.16
SECTION 6. In Colorado Revised Statutes, 14-10-129, amend17
(2) introductory portion and (2)(c) introductory portion as follows:18
14-10-129. Modification of parenting time.19
(2) The court shall not modify a prior order concerning parenting20
time that substantially changes the parenting time, as well as changes the21
party with whom the child resides a majority of the time, unless it finds,22
upon the basis of facts that have arisen since the prior decree or that were23
unknown to the court at the time of the prior decree, that a change has24
occurred in the circumstances of the child or the party with whom the25
child resides the majority of the time and that the modification is26
necessary to serve the best interests of the child. In applying these27
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standards, the court shall retain the parenting time schedule established1
in the prior decree unless:2
(c) The party with whom the child resides a majority of the time3
is intending to relocate with the child to a residence that substantially4
changes the geographical ties between the child and the other party. A5
court hearing on any modification of parenting time due to an intent to6
relocate shall be given a priority on the court's docket. In determining7
whether the modification of parenting time is in the best interests of the8
child, the court shall take into account all relevant factors, including9
whether a party has committed an act of domestic violence, has engaged10
in a pattern of domestic violence, or has a history of domestic violence,11
as that term is defined in section 14-10-124 (1.3), which factor shall12
MUST be supported by a preponderance of the evidence, and shall13
consider such THE domestic violence whether it occurred before or after14
the prior decree, and all other factors enumerated in section 14-10-12415
(1.5)(a) and:16
SECTION 7. In Colorado Revised Statutes, 8-13.3-503, amend17
(6) as follows:18
8-13.3-503. Definitions.19
As used in this part 5, unless the context otherwise requires:20
(6) "Domestic violence" means any conduct that constitutes21
"domestic violence" as set forth in section 18-6-800.3 (1) or section22
14-10-124 14-10-103 or "domestic abuse" as set forth in section23
13-14-101 (2).24
SECTION 8. In Colorado Revised Statutes, 13-80-103.6, amend25
(1) as follows:26
13-80-103.6. General limitation of actions - domestic violence27
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- six years - definition.1
(1) Notwithstanding any other statute of limitations specified in2
this article 80, or any other provision of law that can be construed to3
reduce the statutory period set forth in this section, any civil action to4
recover damages caused by an act of domestic violence, as defined in5
section 14-10-124 SECTION 14-10-103, must be commenced within six6
years after a disability has been removed for a person under disability, as7
such THE term is defined in subsection (2) of this section, or within six8
years after a cause of action accrues, whichever occurs later, and not9
thereafter; except that in no event may any such civil action be10
commenced COMMENCE more than twenty years after the cause of action11
accrues.12
SECTION 9. Safety clause. The general assembly finds,13
determines, and declares that this act is necessary for the immediate14
preservation of the public peace, health, or safety or for appropriations15
for the support and maintenance of the departments of the state and state16
institutions.17
HB26-1309-17-