Colorado Passes No Bail Legislation for Stalking and DV Offenders

DENVER — As of August 2017 domestic violence offenders will no longer be granted bail after conviction. House Bill 17-1150, “No Bail For Stalking and Domestic Violence Offenders,” protects victims from further abuse by some of the most dangerous offenders.

The bill was signed just a year after the fatal Colorado domestic violence case of Janice Nam.

Coverage by the Denver Post states that on the night of May 30th, 2016, Glen Galloway violated Nam’s restraining order by breaking into her Colorado Springs home as she slept. He proceeded to shoot her twice in the head.

Prior to her murder, Galloway failed to appear in court for a stalking conviction Nam had filed against him. Earlier articles from the Denver Post show that Nam had filed “multiple protection orders related to domestic violence cases in 2014.” The case lead Colorado legislators to question the effectiveness restraining orders have of protecting victims against domestic violence.

Lydia Waligorski, policy director for Colorado Coalition Against Domestic Violence, said in an interview with the Post that stalkers “are the folks that don’t take ‘no’ for an answer. They are typically not the people who are respecting protection orders.”

Cases like Nam’s are not uncommon. A study conducted by the Journal of the American Academy of Psychiatry and the Law titled “Do Protection Orders Protect,” cross-examined the rate of protection order effectiveness of every state in the nation. Their findings showed that for every 100,000 adults, 880 have filed protection orders. Between 84 and 92 percent of these orders are implemented for domestic violence offenses alone. However, almost a fifth of all protection orders go unenforced. Supporters of the new House Bill hope it will eliminate the possibility of further abuse victims often experience once their abuser is set free on bail.

Along with Colorado, 20 other states and DC have implemented immediate arrest laws for domestic violence calls. These laws allow police officers to detain the primary offender without a warrant at the scene of the incident. These laws, along with the denial of bail to offenders, has given new hope to many victims in Colorado.

In an interview with Fox 21 News, Colorado State Representative Clarice Navarro, a main proponent of the new bill, is optimistic for its potential to help victims in the very worst situations.

“This new law will be a sigh of relief to many victims who after enduring the stress of a criminal trial, won’t have to fear retaliation from their attacker,” said Navarro. “I am grateful to all the stakeholders and legislators who participated in this process and hope this new law empowers more victims of stalking and domestic violence to report the abuse they have suffered.”

The new law will take effect August 9.