13-14-111. Transfer of wireless telephone service in domestic abuse cases - definitions.

Statute text

(1) In addition to the options described in section 13-14-103 (1)(b), as part of a request for a temporary or permanent protection order in a case involving domestic violence, sexual violence, or stalking, the court may enter an order directing a wireless telephone service provider to transfer the financial responsibility for and rights to a wireless telephone number or numbers to the petitioner if the petitioner:

(a) Is not the account holder; and

(b) Proves by a preponderance of the evidence that the petitioner and any minor children in the petitioner's care are the primary users of each wireless telephone number that the petitioner requested be transferred pursuant to this section.

(2) (a) An order transferring the financial responsibility for and rights to a wireless telephone number or numbers to a petitioner pursuant to this section must be a separate written order that is directed to the wireless telephone service provider.

(b) The order must list the name and billing telephone number of the account holder, the name and contact information of the petitioner to whom the telephone number or numbers will be transferred, and each telephone number to be transferred to the petitioner.

(c) The court shall ensure that the petitioner's contact information is not provided to the account holder in proceedings held pursuant to this article 14.

(d) The order must be sent or delivered in person or electronically by the petitioner to the wireless telephone service provider's registered agent.

(e) A wireless telephone service provider must terminate the account holder's use of a telephone number that the court has ordered to be transferred to the petitioner pursuant to this section unless the wireless telephone service provider notifies the petitioner and the court within five business days after the wireless telephone service provider receives the order either that an account holder named in the order has terminated the account or that the requested transfer cannot be effectuated due to differences in network technology that prevent functionality of a device on the network or due to geographic limitations on network or service availability.

(3) A transfer ordered pursuant to this section does not preclude a wireless telephone service provider from applying any routine and customary requirements for account establishment to the petitioner as part of the transfer of financial responsibility for a wireless telephone number or numbers and any devices attached to the number or numbers, including, without limitation, identification, financial information, and customer preferences.

(4) A wireless telephone service provider is immune from civil liability for complying with an order to transfer a telephone number pursuant to this section.

(5) For purposes of this section:

(a) "Account holder" means a respondent who has a civil protection order issued against them, the underlying basis of which includes an act of domestic violence, sexual violence, or stalking, and maintains an account with a wireless telephone service provider.

(b) "Financial responsibility" means an obligation to pay service fees and other costs and charges associated with a telephone number.

(c) "Wireless telephone service provider" means a person or entity that provides or resells commercial mobile service, as defined in section 47 U.S.C. sec. 332 (d)(1).

History

Source: L. 2024: Entire section added, (HB 24-1122), ch. 330, p. 2237, 10, effective January 1, 2025.

ARTICLE 14.5
EXTREME RISK PROTECTION ORDERS

Annotations

Editor's note: This article 14.5 was added in 2019. It was repealed and reenacted in 2023, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this article 14.5 prior to 2023, consult the 2022 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii of this volume.

 

Section

13-14.5-101. Short title.

13-14.5-102. Definitions.

13-14.5-103. Temporary extreme risk protection orders.

13-14.5-104. Petition for extreme risk protection order.

13-14.5-105. Hearings on petition - grounds for order issuance.

13-14.5-106. Service of protection orders.

13-14.5-107. Termination or renewal of protection orders.

13-14.5-108. Surrender of a firearm.

13-14.5-109. Firearms - return - disposal.

13-14.5-110. Reporting of extreme risk protection orders.

13-14.5-111. Penalties.

13-14.5-112. Other authority retained.

13-14.5-113. Liability.

13-14.5-114. Instructional and informational material - definition.

13-14.5-115. Effect of previous issued orders.

13-14.5-116. Severability.