Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to pass a bill that establishes a red-flag or extreme risk protection orders if requested by certain individuals.

Highlights:

• Specifies that a family, household member or law enforcement agent may request a temporary extreme risk protection order against a respondent (Sec. 1).

• Requires a signed affidavit confirming the grounds of the order, as well as the relationship between the petitioner and respondent (Sec. 1).

• Specifies that if the extreme risk protection order is prepared by a law enforcement agency or officer that they must also file for a search warrant for any firearms (Sec. 1).

• Specifies that courts will determine the validity of extreme risk protection orders by examining the danger respondents pose to themselves and others based on a preponderance of evidence (Sec. 1).

• Requires that the courts will hold a hearing for the temporary protection order either on the day it was filed by phone or in person or on the next court day (Sec. 1).

• Specifies that a family or household member or law enforcement agent may request an extreme risk protection order against a respondent (Sec. 1).

• Specifies that the extreme risk protection order must be filed with the jurisdiction where the respondent resides (Sec. 1).

• Prohibits the courts from delaying due to the existence of pending action between the parties and specifies that a petition for an extreme risk order may be granted regardless (Sec. 1).

• Specifies that the addresses of the petitioner or their family members may be omitted from court documents (Sec. 1).

• Defines a family or household member as any (Sec. 1):

• Person related by blood, marriage, or adoption;

• Person with whom the respondent has had a child, regardless of their marital or living situation;

• Person who has resided with the respondent for at least 6 months;

• Domestic partner;

• Person with whom the respondent has a parent-child relationship, such as stepparents, stepchildren, grandparents, and grandchildren; and

• Legal guardian, acting or previous.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes a red-flag or extreme risk protection orders if requested by certain individuals.

Highlights:

• Specifies that a family, household member or law enforcement agent may request a temporary extreme risk protection order against a respondent (Sec. 1).

• Requires a signed affidavit confirming the grounds of the order, as well as the relationship between the petitioner and respondent (Sec. 1).

• Specifies that if the extreme risk protection order is prepared by a law enforcement agency or officer that they must also file for a search warrant for any firearms (Sec. 1).

• Specifies that courts will determine the validity of extreme risk protection orders by examining the danger respondents pose to themselves and others based on a preponderance of evidence (Sec. 1).

• Requires that the courts will hold a hearing for the temporary protection order either on the day it was filed by phone or in person or on the next court day (Sec. 1).

• Specifies that a family or household member or law enforcement agent may request an extreme risk protection order against a respondent (Sec. 1).

• Specifies that the extreme risk protection order must be filed with the jurisdiction where the respondent resides (Sec. 1).

• Prohibits the courts from delaying due to the existence of pending action between the parties and specifies that a petition for an extreme risk order may be granted regardless (Sec. 1).

• Specifies that the addresses of the petitioner or their family members may be omitted from court documents (Sec. 1).

• Defines a family or household member as any (Sec. 1):

• Person related by blood, marriage, or adoption;

• Person with whom the respondent has had a child, regardless of their marital or living situation;

• Person who has resided with the respondent for at least 6 months;

• Domestic partner;

• Person with whom the respondent has a parent-child relationship, such as stepparents, stepchildren, grandparents, and grandchildren; and

• Legal guardian, acting or previous.

Full Bill Text