JOINT RELEASE: Laws Take Effect to Strengthen Protections for Victims of Domestic Violence

DENVER, CO - On August 6, two laws to strengthen protections for victims of domestic violence go into effect. HB25-1168 improves housing security, expands access to justice, and keeps Coloradans safe. SB25-116 ensures that courts consider domestic violence and abuse history during divorce and spousal support proceedings.

“Housing instability is one of the biggest threats to people who experience gender-based violence, with 20 percent of people experiencing homelessness in the Denver Metro Area fleeing domestic violence,” said Rep. Mandy Lindsay, D-Aurora, sponsor of HB25-1168. “Many victims can’t safely leave their abuser, which is why our new law strengthens Colorado’s victim protection laws and establishes new mechanisms to improve a victim’s access to justice and safe housing. Gender-based violence is traumatic, and no one deserves to face long-lasting financial consequences or homelessness as a result.”

"Too often, survivors of domestic violence are forced to choose between their safety and their housing," said Sen. Julie Gonzales, D-Denver, sponsor of HB25-1168. "No one should be stuck in a dangerous situation because they can’t afford to break a lease or are left with damages they didn’t cause. This law gives survivors the legal protections they need to reclaim their safety and move forward with dignity."

“The Violence Against Women Act is near and dear to my heart, and I’m proud to sponsor this law to better align Colorado law with these protections to keep survivors safe,” said Rep. Cecelia Espenoza, D-Denver, sponsor of HB25-1168. “As a judge, I know how important it is to have strong protections in statute, and this law is a meaningful change that better allows survivors to end their leases early while providing a payment plan to protect landlords and keep survivors housed. This is a huge win for survivors of gender-based violence to ensure they have the tools they need to build a strong, safe future away from their abuser.”

"Survivors of domestic abuse, sexual violence, and stalking often face a lose/lose situation when it comes to their housing,"  said Sen. Mike Weissman, sponsor of HB25-1168. "It can be expensive to try to stay in one's home or expensive to relocate, on top of the immense personal cost of victimization. Whatever difficult choice they make, this important new law will help survivors by offering payment plans for back rent or limiting the costs of relocating such as losing a security deposit. Either way, survivors have a better path to safety, stability, and a chance at a fresh start."

Currently, a tenant cannot be found guilty of unlawfully residing in a property if the tenant is experiencing domestic violence or domestic abuse and they provide a police report or civil or emergency protection order proving they were a victim. HB25-1168 expands these victim protections to include victims of unlawful sexual behavior and stalking and allows self-attestation or a letter signed by a qualified third party to be used as proof, reducing hurdles to accessing critical protections.

Additional victim protection expansions include:

• Allowing victims who terminate a lease not to be held liable for property damage caused by their abuser during incidents of unlawful sexual behavior, stalking, domestic violence, or domestic abuse,

• Ensuring victims can change locks to their rental property on their own if the victim provides documentation to prove they are a victim-survivor,

• Prohibiting a landlord from assigning debt allegedly owed by a tenant who is a victim-survivor to a third-party debt collector, with exemptions, and

• Requiring tenants to pay no more than one month’s rent after they vacate the residence and terminate the lease if, within 30 days, the landlord provides proof of economic damages as a result of the early lease termination.

To strengthen eviction protections, this law also requires landlords to offer a repayment plan to victim-survivors for late or unpaid rent before a court may issue an eviction order. The repayment plan cannot exceed nine months from the date the plan was established.

A 2023 report from the Colorado Coalition of the Homeless found that 1,265 Coloradans experiencing homelessness also reported being a victim of domestic violence.

SB25-116, also sponsored by Senator Lisa Frizell, R-Castle Rock, and Rep. Ryan Armagost, R-Berthoud, ensures that proceedings involving spousal support consider a spouse’s history of domestic violence. It also broadens disclosure requirements related to restraining and protection orders.

“Survivors who make the courageous decision to leave their abusive spouse often face complex legal systems and serious financial burdens,” said Sen. Marc Snyder, D-Manitou Springs, sponsor of SB25-116. “No survivor should be forced to pay spousal support to the person who harmed them. This law brings much-needed clarity and ensures that courts have the full context to make fair and just decisions..”

“As a survivor, I am proud that this legislation is now in effect to ensure that courts can make an informed decision and better support survivors who are leaving their abusers,” said Majority Leader Monica Duran, D-Wheat Ridge, sponsor of SB25-116. “Leaving an abusive partner is one of the most dangerous things a survivor of domestic violence can do, and it is important that the justice system can access the reported history of abuse during divorce and separation proceedings. By increasing the disclosure window and including a variety of abusive actions that must be considered during a case involving spousal support, we can lift up survivors and their stories during the scariest time of their lives.”

Under current law, courts consider a list of relevant factors when determining spousal support. This new law expands that list to include whether a spouse has engaged in domestic violence, coercive control, economic abuse, litigation abuse, emotional abuse, physical abuse, or unlawful sexual behavior against the other spouse. 

The law also extends the disclosure window for prior restraining or protection orders from two years to five, ensuring judges have access to a more complete history of abuse during divorce or separation proceedings.