(5) A peace officer arresting a person for violating a protection order or otherwise enforcing a protection 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.

(6) (a) A peace officer is authorized to use every reasonable means to protect the alleged victim or the alleged victim's children to prevent further violence. Such peace officer may transport, or obtain transportation for, the alleged victim to shelter. Upon the request of the protected person, the peace officer may also transport the minor child of the protected person, who is not an emancipated minor, to the same shelter if such shelter is willing to accept the child, whether or not there is a custody order or an order allocating parental responsibilities with respect to such child or an order for the care and control of the child and whether or not the other parent objects. A peace officer who transports a minor child over the objection of the other parent shall not be held liable for any damages that may result from interference with the custody, parental responsibilities, care, and control of or access to a minor child in complying with this subsection (6).

(b) For purposes of this subsection (6), "shelter" means a battered women's shelter, a friend's or family member's home, or such other safe haven as may be designated by the protected person and which is within a reasonable distance from the location at which the peace officer found the victim.

(7) The protection order shall contain in capital letters and bold print a notice informing the protected person that such protected person may either initiate contempt proceedings against the restrained person if the order is issued in a civil action or request the prosecuting attorney to initiate contempt proceedings if the order is issued in a criminal action.

(8) A protection order issued in the state of Colorado shall contain a statement that:

(a) The order or injunction shall be accorded full faith and credit and be enforced in every civil or criminal court of the United States, another state, an Indian tribe, or a United States territory pursuant to 18 U.S.C. sec. 2265;

(b) The issuing court had jurisdiction over the parties and subject matter; and

(c) The defendant was given reasonable notice and opportunity to be heard.

(9) A criminal action charged pursuant to this section may be tried either in the county where the offense is committed or in the county in which the court that issued the protection order is located, if such court is within this state.

Source: L. 91: Entire section added, p. 418, § 1, effective May 31. L. 92: Entire section amended, p. 294, § 4, effective April 23; (1) and (2) amended, p. 404, § 18, effective June 3; entire section amended, p. 177, § 3, effective July 1. L. 94: (2) and (3) amended and (6) added, p. 2027, § 4, effective July 1; entire section amended, p. 2010, § 7, effective January 1, 1995. L. 95: (1), (2), and (3)(d) amended, p. 567, § 3, effective July 1. L. 96: (3)(d) amended, p. 736, § 6, effective July 1; (1.5)(d) amended, p. 1692, § 26, effective January 1, 1997. L. 98: (1.5)(b), (1.5)(d), and (3)(c) amended and (8) added, p. 1232, § 3, effective July 1; (6)(a) amended, p. 1404, § 58, effective February 1, 1999. L. 99: (1.5)(d) amended, p. 502, § 11, effective July 1. L. 2000: (1) and (1.5)(d) amended, p. 1011, § 2, effective July 1. L. 2003: Entire section amended, p. 1003, § 6, effective July 1. L. 2004: (1.5)(a.5) amended, p. 555, § 12, effective July 1; (2)(a.5) added, p. 636, § 10, effective August 4. L. 2005: (3)(d) amended and (9) added, p. 427, § 6, effective April 29. L. 2006: (1) amended, p. 1057, § 2, effective July 1. L. 2007: (1)(a) and (1.5)(a.5)(I) amended, p. 726, § 8, effective July 1. L. 2008: IP(1) amended, p. 1718, § 1, effective July 1.

Editor's note: Amendments to this section in House Bill 92-1075 and House Bill 92-1078 were harmonized. Amendments to this section in House Bill 94-1090 and House Bill 94-1253 were harmonized.

Law reviews. For article, "1994 Legislature Strengthens Domestic Violence Protective Orders", see 23 Colo. Law. 2327 (1994).

Because the elements of violation of a mandatory restraining order and the elements of harassment by stalking are not the same, the subsequent prosecution of defendant did not violate double jeopardy protections. People v. Carey, 198 P.3d 1223 (Colo. App. 2008).

Violation may consist of more than coming within specified distance. Where defendant came within 100 feet of protected person and thereafter broke into her apartment with intent to make direct contact with her, the intent to make direct contact supplied the intent to commit a "crime" upon entry so as to support a conviction for first degree burglary. People v. Widhalm, 991 P.2d 291 (Colo. App. 1999).

The required culpable state of mind of "knowingly" applies to all elements of the crime of violation of a restraining order. People v. Coleby, 34 P.3d 422 (Colo. 2001).