(A) A person commits the crime of violation of a restraining order if such person commits an act which is prohibited by any court pursuant to a valid order issued pursuant to any statute within the State of Colorado or rule of civil procedure, criminal procedure, county court procedure or municipal court procedure within the State of Colorado; or an order issued by any court which restrains and enjoins any person from threatening, beating, striking or assaulting any other person or requires a person to leave certain premises and refrain from entering or remaining on such premises, or a municipal ordinance which provides for an order to issue which restrains any person from threatening, molesting or injuring any person or entering or remaining on the premises; or any protective order issued pursuant to C.R.S. Title 19 (or the Children’s Code); or if such person fails to perform any act mandated by any such order, after such person has been personally served with any such order or otherwise has acquired from the court actual knowledge of the contents of any such order.
(B) A peace officer shall arrest, or, if an arrest would be impractical under the circumstances, seek a warrant for the arrest of, a restrained person when the peace officer has information amounting to probable cause that:
(1) The restrained person has violated or attempted to violate any provision of a restraining order; and
(2) The restrained person has been properly served with a copy of the restraining order or the restrained person had received actual notice of the existence and substance of such order.
(C) Any violation of this section shall be deemed a violation of this code, punishable by a fine or imprisonment or both in accordance with the general penalty provisions of this code. Any sentence imposed for violation of this section shall run consecutively and not concurrently with any sentence imposed for any crime which gave rise to the issuing of the restraining order.
(D) 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.
(E) No person charged with violation of a restraining order pursuant to this section shall be permitted, in the criminal action resulting from such charge, to collaterally attack the validity of the order which such person is accused of violating.
(F) A peace officer arresting a person for violating a restraining order or otherwise enforcing a restraining order shall not be held criminally or civilly liable for such arrest or enforcement unless the peace officer acts in bad faith and with malice or does not act in compliance with rules adopted by the Colorado Supreme Court.
(Ord. 23(2005) § 1)