(1) In a proceeding for dissolution of marriage, legal separation, the allocation of parental responsibilities, or declaration of invalidity of marriage or a proceeding for disposition of property, maintenance, or support following dissolution of the marriage, either party may move for temporary payment of debts, use of property, maintenance, parental responsibilities, support of a child of the marriage entitled to support, or payment of attorney fees or licensed legal paraprofessional fees. The motion may be supported by an affidavit setting forth the factual basis for the motion and the amounts requested.
(1.5) The court may consider the allocation of parental responsibilities in accordance with the best interests of the child, with particular reference to the factors specified in section 14- 10-124 (1.5).
(2) As a part of a motion of such temporary orders or by an independent motion accompanied by an affidavit, either party may request the court to issue a temporary order:
(a) Restraining any party from transferring, encumbering, concealing, or in any way disposing of any property, except in the usual course of business or for the necessities of life, and, if so restrained, requiring him to notify the moving party of any proposed extraordinary expenditures and to account to the court for all extraordinary expenditures made after the order is issued;
(b) Enjoining a party from molesting or disturbing the peace of the other party or of any child;
(c) Excluding a party from the family home or from the home of the other party upon a showing that physical or emotional harm would otherwise result. (2.3) and (2.5) (Deleted by amendment, L. 2004, p. 553, § 4, effective July 1, 2004.)
(3) A party to an action filed pursuant to this article may seek, and the court may issue, a temporary or permanent protection order pursuant to the provisions of part 1 of article 14 of title 13, C.R.S.
(4) (Deleted by amendment, L. 2004, p. 553, § 4, effective July 1, 2004.)
(5) A temporary order or temporary injunction:
(a) Does not prejudice the rights of the parties or the child which are to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified prior to final decree on a showing by affidavit of the facts necessary to revocation or modification of a final decree under section 14-10-122; and
(c) Terminates when the final decree is entered, unless continued by the court for good cause to a date certain, or when the petition for dissolution or legal separation is voluntarily dismissed.
(6) (Deleted by amendment, L. 2004, p. 553, § 4, effective July 1, 2004.)
(7) At the time a protection order is requested pursuant to part 1 of article 14 of title 13, the court shall inquire about, and the requesting party and the party's attorney or licensed legal paraprofessional has an independent duty to disclose, knowledge the party and the party's attorney or licensed legal paraprofessional may have concerning the existence of any prior protection orders or restraining orders of any court addressing in whole or in part the subject matter of the requested protection order.
Source: L. 71: R&RE, p. 522, § 1. C.R.S. 1963: § 46-1-8. L. 73: pp. 553, 555, §§ 3, 12. L. 81: (6) added, p. 903, § 1, effective May 13. L. 83: (1) amended, p. 644, § 1, effective April 26; (1.5) added, p. 645, § 1, effective June 10. L. 87: (1.5) amended, p. 575, § 4, effective July 1. L. 94: (2.5) and (7) added and (3) amended, p. 2008, § 4, effective January 1, 1995. L. 98: (2.3) added and (3) amended, p. 245, § 4, effective April 13; (1) and (2.5) amended, p. 1396, § 37, effective February 1, 1999. L. 99: (2.3) amended, p. 501, § 4, effective July 1. L. 2000: (1.5) amended, p. 1844, § 24, effective August 2. L. 2003: (2.3), (2.5), (3), (6), and (7) amended, p. 1010, § 14, effective July 1. L. 2004: IP(2), (2.3), (2.5), (3), (4), (6), and (7) amended, p. 553, § 4, effective July 1. L. 2013: (3) and (7) amended, (HB 13-1259), ch. 218, p. 1016, § 17, effective July 1. L. 2024: (1) and (7) amended, (HB 24-1291), ch. 131, p. 468, § 11, effective August 7.
Notes of Decisions
Cited in
42
cases (
8 in the last 5 years), 1975–2026 · leading case:
In Re Marriage of Rozzi, 190 P.3d 815 (Colo. Ct. App. 2008).
In Re Marriage of Rozzi, 190 P.3d 815 (Colo. Ct. App. 2008).
· cites it 2× “, § 14-10-108@)(a)-(c), C.R.S.2007 (providing for the issuance of temporary orders restraining a party from disposing of property except in the usual course of business or for the necessities of life; enjoining a party from molesting or disturbing the peace of the other party or…”
In Re the Marriage of Price, 727 P.2d 1073 (Colo. 1986).
· cites it 12× “Section 14-10-108, 6 C.R.S. (1973), provides: (1) In a proceeding for dissolution of marriage, legal separation, or child custody.”
In Re Marriage of Davis, 618 P.2d 692 (Colo. Ct. App. 1980).
· cites it 4× “Thus, if an injunction is to issue, it must issue pursuant to § 14-10-108, C.R.S.1973, and that statute provides only for the issuance of a temporary injunction.”
People v. Sorrendino, 37 P.3d 501 (Colo. Ct. App. 2001).
· cites it 7× “130, § 14-10-108 at 522 (formerly codified at § 14-10-108, C©.”
In re the Parental Responsibilities Concerning T.L.B., 272 P.3d 1148 (Colo. Ct. App. 2012).
· cites it 2× “148 Contrary to mother's argument, the trial court here did not allocate temporary parental responsibilities under section 14-10-108(1.5), C.R.S.2011. Rather, the court exercised only the very limited jurisdiction permitted under section 14-13-204 to protect the children by…”
Olson v. Priest, 564 P.2d 122 (Colo. 1977).
· cites it 12× “The petitioner alleges that the ex parte hearing violated her rights to due process of law because the respondent’s order was not justified, as it did not comply with the standards set out in section 14-10-108(3), C.R.S. 1973. We issued a rule to show cause and now make the rule…”
In Re the Marriage of Mockelmann, 944 P.2d 670 (Colo. Ct. App. 1997).
· cites it 6× “To the contrary, an award of attorney fees under § 14-10-108, C.R.S. (1987 Repl.Vol. 6A) is a final judgment subject to appellate review.”
In re the Marriage of Roosa, 89 P.3d 524 (Colo. Ct. App. 2004).
“1997) (temporary orders under § 14-10-108 are reviewable as final judgments because they establish the financial rights and obligations of the parties until the entry of permanent orders).”
In Re the Marriage of Gavend, 781 P.2d 161 (Colo. Ct. App. 1989).
· cites it 6× “6B), this restraint on sale may be modified by temporary orders under § 14-10-108, C.R.S. (1987 Repl.Vol. 6B). Accordingly, the sale of marital property is not absolutely forbidden, but rather is made dependent upon orders of court.”
In Re the Marriage of Fiffe, 140 P.3d 160 (Colo. Ct. App. 2005).
· cites it 4× “In January 2004, the court issued a temporary protection order under § 14-10-108 prohibiting husband from having contact with wife and requiring him to remain at least one hundred yards away from her.”
People v. Rhorer, 967 P.2d 147 (Colo. 1998).
· cites it 6× “, section 18-1-1001, rule 365 of the Colorado rules of county court civil procedure, or an order issued by any district court, as provided for in section 14-10-108, C.R.S., which restrains and enjoins any person from threatening, beating, striking, or assaulting any other person…”
Colo. Rev. Stat. § 14-10-108(1): 3 cases
In Re the Marriage of Mockelmann, 944 P.2d 670 (Colo. Ct. App. 1997).
“To the contrary, an award of attorney fees under § 14-10-108, C.R.S. (1987 Repl.Vol. 6A) is a final judgment subject to appellate review.”
Colo. Rev. Stat. § 14-10-108(2)(a): 1 case
In Re Marriage of Rozzi, 190 P.3d 815 (Colo. Ct. App. 2008).
“, § 14-10-108@)(a)-(c), C.R.S.2007 (providing for the issuance of temporary orders restraining a party from disposing of property except in the usual course of business or for the necessities of life; enjoining a party from molesting or disturbing the peace of the other party or…”
Colo. Rev. Stat. § 14-10-108(2)(b): 1 case
Colo. Rev. Stat. § 14-10-108(3): 4 cases
Olson v. Priest, 564 P.2d 122 (Colo. 1977).
“The petitioner alleges that the ex parte hearing violated her rights to due process of law because the respondent’s order was not justified, as it did not comply with the standards set out in section 14-10-108(3), C.R.S. 1973. We issued a rule to show cause and now make the rule…”
In Re the Marriage of Fiffe, 140 P.3d 160 (Colo. Ct. App. 2005).
“In January 2004, the court issued a temporary protection order under § 14-10-108 prohibiting husband from having contact with wife and requiring him to remain at least one hundred yards away from her.”
Colo. Rev. Stat. § 14-10-108(4): 3 cases
People v. Sorrendino, 37 P.3d 501 (Colo. Ct. App. 2001).
“130, § 14-10-108 at 522 (formerly codified at § 14-10-108, C©.”
In Re the Marriage of Gavend, 781 P.2d 161 (Colo. Ct. App. 1989).
“6B), this restraint on sale may be modified by temporary orders under § 14-10-108, C.R.S. (1987 Repl.Vol. 6B). Accordingly, the sale of marital property is not absolutely forbidden, but rather is made dependent upon orders of court.”
Colo. Rev. Stat. § 14-10-108(5): 2 cases
In Re the Marriage of Price, 727 P.2d 1073 (Colo. 1986).
“Section 14-10-108, 6 C.R.S. (1973), provides: (1) In a proceeding for dissolution of marriage, legal separation, or child custody.”
Colo. Rev. Stat. § 14-10-108(5)(a): 6 cases
Colo. Rev. Stat. § 14-10-108(5)(b): 1 case
Colo. Rev. Stat. § 14-10-108(5)(c): 12 cases
In Re the Marriage of Price, 727 P.2d 1073 (Colo. 1986).
“Section 14-10-108, 6 C.R.S. (1973), provides: (1) In a proceeding for dissolution of marriage, legal separation, or child custody.”
In Re Marriage of Davis, 618 P.2d 692 (Colo. Ct. App. 1980).
“Thus, if an injunction is to issue, it must issue pursuant to § 14-10-108, C.R.S.1973, and that statute provides only for the issuance of a temporary injunction.”
Colo. Rev. Stat. § 14-10-108(5)(e): 1 case
Colo. Rev. Stat. § 14-10-108(8): 2 cases
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treatment. Dots show Syfertize treatment of the citing case itself.