Civil Disputes

Title 13 of Colorado Revised Statutes (CRS)

• Includes most Civil processes in the Colorado Revised Statutes

Civil Disputes vs. Criminal Disputes

• Civil Disputes: Disputes between two private parties (individuals, businesses).

• Criminal Disputes: Disputes between the state and a private individual.

Common Issues in Civil Disputes

• Civil disputes typically involve money, wages, property, domestic issues, and child custody.

Civil Law

Civil law provides remedies for citizens who have been damaged and offers a structured process for dispute resolution.

Criminal Law

Criminal law serves to preserve domestic order and deter future criminal behavior.

Escalation of Civil Disputes

Civil disputes, like landlord-tenant issues or family disputes, can escalate into criminal behavior.

Common Type of Civil Dispute

Family disputes are the most common and require crisis resolution skills, patience, and tact from law enforcement.

Law Enforcement Response to Civil Disputes

• Law enforcement should assess the situation, take corrective action, listen, observe, and use de-escalation techniques.

Repossession in Civil Disputes

• Repossessions must be peaceful, and if resisted, a court order is required. Violations of the contract should be addressed in civil court.

Mentally and Emotionally Disturbed Persons

Law enforcement can place individuals on a mental health (M1) hold for temporary custody and emergency care.

Law Enforcement's Role in Bail Bonds

The sheriff’s office does not handle bail bonds; bail bondsmen have more authority in these matters.

Landlord’s Rights to Seize Tenant Property

Landlords can seize certain items of tenant property if statutory requirements are followed. If the tenant objects, a court order is needed, and only property up to the value owed can be seized.

Law Enforcement's Involvement with Landlords

Law enforcement should avoid involvement in repossession actions and only intervene to keep the peace if requested by a landlord.

Protection Order

Any court order prohibiting the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or entering premises of the protected person. It also includes provisions regarding animals and other protective measures.

Protected Person

• The person(s) named in a Protection Order who the order is meant to protect. Multiple individuals can be designated as protected persons.

Restrained Person

The person identified in a Protection Order who is prohibited from performing specific actions, such as contacting or approaching the protected person.

Temporary Protection Order (TPO)

• A court order issued to require a person to refrain from specific actions or to perform certain actions. It is temporary until a hearing is held for a more permanent resolution.

Emergency Protection Order (EPO)

• A temporary order that law enforcement can obtain to provide immediate protection to a spouse or child, typically when there is an imminent risk of harm.

Mandatory Protection Order (MPO)

Issued by a judge in criminal court to a defendant, often in cases involving domestic violence. It mandates no contact with the victim.

Civil Temporary Protection Order (TPO) – Court Fees

• A judge can waive court fees for the plaintiff, but cannot waive the sheriff’s office service fees for domestic abuse, domestic violence, stalking, sexual assault, or unlawful sexual contact cases.

• YOU SHALL SERVE

Permanent Protection Order (PPO)

Issued by a judge in court to a defendant who is present. If the defendant is absent, the order is served by the sheriff’s office.

Juveniles and Temporary Protection Orders (TPO)

• A TPO can be issued to a juvenile 10 years old or older (CRS 13-14-104.5(1)(a)).

• A child under 10 years old cannot be a restrained person in a TPO.

• If the juvenile is under 10, a parent/guardian over the age of 18 can be served the TPO instead.

Foreign Protection Orders

• Protection orders from other states or U.S. territories (e.g., tribal lands, Puerto Rico) that are presumed authentic and enforced as if they were issued in Colorado.

Extreme Risk Protection Order (ERPO) – Colorado Red Flag Law

A protective order issued to remove firearms from a person deemed to pose an extreme risk to themselves or others. It can be requested by family members, household members, community members, or law enforcement.

Who Can Request an Extreme Risk Protection Order (ERPO)?

Family or Household Member (with respect to a respondent):

• (a) A person related by blood, marriage, or adoption to the respondent.

• (b) A person who has a child in common with the respondent, regardless of marriage or cohabitation.

• (c) A person who regularly resides or has regularly resided with the respondent in the last six months.

• (d) Domestic partner of the respondent.

• (e) Person with a biological or legal parent-child relationship with the respondent, including stepparents, stepchildren, grandparents, and grandchildren.

• (f) Person acting or has acted as the respondent's legal guardian.

• (g) Person in any other relationship described in section 18-6-800.3(2) with the respondent.

Community member refers to:

• A licensed health-care professional or mental health professional who, through a direct professional relationship, provided care to the respondent or the respondent’s child within six months before requesting the protection order.

• An educator who, through a direct professional relationship, interacted with the respondent or the respondent’s child within six months before requesting the protection order.

• Educator refers to:

  • A teacher employed to instruct students or a school administrator in a school district, private school, charter school institute, or an individual charter school.

  • A faculty member at an institution of higher education.

• Faculty member refers to:

  • A president, dean, professor, administrator, instructor, or research worker at an institution of higher education.

Licensed health-care professional refers to:

• A school nurse who holds a current nursing license through the Department of Regulatory Agencies and has applied for or holds a special services license from the Department of Education.

• A physician, physician assistant, or advanced practice registered nurse who is a primary provider of health services to a respondent.

• A psychiatrist.

• A licensed emergency room medical care provider licensed under Title 12.

• Mental health professional includes:

  • A psychologist, licensed professional social worker, marriage and family therapist, licensed professional counselor, or addiction counselor (licensed, registered, or certified).

  • A psychologist candidate, clinical social worker candidate, marriage and family therapist candidate, licensed professional counselor candidate, or addiction counselor candidate (registered).

  • A school counselor with a special services provider license or national association endorsement.

  • A school psychologist or school social worker (with special services license and social work endorsement).

  • An unlicensed psychotherapist who is registered.

Process of Obtaining an Extreme Risk Protection Order (ERPO)

The petition is filed, hearings occur within one or two business days, and the respondent is served personally. Law enforcement has 5 days to serve the order.

Surrendering Firearms with an ERPO

The respondent must surrender all firearms to law enforcement or a Federal Firearms License (FFL) dealer within the time specified in the ERPO. They may also turn over firearms to a family member or surrender antique or curio firearms.

Penalties for Violating an ERPO

• Possessing or purchasing a firearm while under an ERPO is a Class 2 misdemeanor.

Modifying a Protection Order

• A Protection Order can only be changed or modified by a judge.

Out-of-State Custody Orders

Out-of-state custody orders do not need to go through county court if the child resides in Colorado or if the child is to be picked up. However, if forcible removal is required, a writ of assistance must be obtained from county court.

Serving Colorado Custody Orders

Colorado custody orders must be served at least 10 days before the scheduled court date.

Proper Car Seat for Custody

A parent or guardian picking up a child must have a proper car seat for the child’s safety during transport.

Child’s Voice in Custody Orders

• The child does not have a voice in the decision-making process of child custody orders.

Child or Sex Abuse Statement

• If a child, parent, or guardian makes a statement regarding child or sex abuse, it is mandatory for law enforcement to investigate the allegation.

Writ

A written judicial order directing a specific act, issued by the court to command a sheriff to perform the specified action.

Precept

• An order, writ, warrant, or process, commanding an officer or group of officers to carry out a specific action within their powers.

Eviction Process: Summons

A summons is posted or served to inform the tenant that they must appear in court or vacate the premises. Following judgment, a Writ of Restitution is issued within 48 hours.

Demand for Compliance

An eviction notice issued for non-payment of rent, lease violations, or disturbing conduct. Tenants are given a time to cure, typically 3-10 days depending on the agreement.

Notice to Terminate Tenancy

A notice issued when a landlord does not wish to renew a periodic lease, or in the case of a substantial violation or repeat violations. The notice period varies based on the lease term (1 year, 6 months, 1 month, or less).

Notice of No-Fault Eviction

• A notice given for eviction without fault, such as for demolition, substantial repairs, landlord use, or failure to sign a new rental agreement. It can also be used for a history of late payments.

Summons in Forcible Entry and Unlawful Detainer (FED)

• A summons served in eviction cases requiring tenants to vacate the premises. If no answer is received, the FED can be posted in a conspicuous place.

Writ of Restitution

A court order directing the sheriff to conduct the eviction, which cannot be carried out until 10 days after judgment. The sheriff's office must be paid and notified before the eviction.

Sheriff’s Authority in Evictions

According to CRS 30-10-515, the sheriff, undersheriff, or deputies must execute all lawful writs, processes, and orders directed to them, including eviction writs.

Immunity in Evictions

• CRS 13-40-122(2) grants immunity to officers executing a writ of restitution and landlords following lawful directions from officers, protecting them from civil and criminal liability regarding tenant property.

Tenant’s Property After Eviction

Tenant’s property left after eviction still belongs to the tenant, and it must be returned by the landlord. Items cannot be discarded outside if they are hazardous, such as chemicals, medications, or sharp objects.

Eviction Timing

• Evictions can only be executed between sunrise and sunset.

Tenant’s Access After Eviction

After eviction, the tenant no longer has access to the premises. If locks are changed before an eviction, the tenant has a right to enter with proper means.

Foreclosure Evictions

• If a property is in foreclosure, the owner becomes a tenant with no rights to fixed items, such as ceiling fans or flooring.

Dangers in Civil Evictions

Dangers encountered during civil evictions may include infestations (roaches, bedbugs), dangerous animals (rabid or malnourished), hazardous drugs, hoarders’ environments, mold, and electrical or gas hazards.

Evictions in Hotels and Motels

• Hotels and motels are not exempt from the eviction process under CRS Title 13. Consent to stay can be revoked, and the length of stay or personal property does not determine exemption.