It is not easy to get Protection / Restraining Orders removed in Arapahoe or Jefferson County, C.R.S. 13-14-108. Not long ago, I wrote an article on the various types of Protection Orders, also known as Restraining Orders. In that article I talked about how easy it is to get a judge or magistrate to grant one. Like other personal freedoms, it is easier to have rights stripped away than restored. As a long time Denver area criminal defense attorney, I have seen this happen with more than just Protection Orders. A good example is if your property is confiscated in an arrest. But, after you are found not guilty in places like Douglas County, you can wait months to get it back.
Who Can Seek Modification or Removal and When
The protected party in a Temporary or Permanent Civil Protection Order is permitted to ask the court to modify or dismiss the order at any time. The restrained party is also permitted to request a modification to the order, but only after two years from the original order or after the disposition of a prior motion, whether or not it was granted.
We often get calls from people wanting Permanent Protection / Restraining Orders dismissed. When we ask why the judge granted it in the first place, they often say they don’t know because they didn’t attend the hearing. Never wanting to see the ex-wife, husband or girlfriend again, they didn’t think it mattered. Not attending a Permanent Protection Order Hearing makes it easy to get one.
Reasons You May Want the Protection or Restraining Order Vacated
If you are a restrained party, there are several reasons why you may want it removed. If the protected party was an intimate partner, or the child of an intimate partner, you will be prohibited from having a firearm or ammunition. Or, consider that if you are accidentally in the same location as the protected party, you are required to leave. No amount of explanation will be good enough to the police or a judge. Also, restrained parties are not a protected class of people, so it is legal for employers, landlords, and nosy neighbors to discriminate against you.
If you are the recipient of Temporary or Permanent Protection / Restraining Orders in Denver, Adams, Conejos County, or anywhere else in Colorado, you should take it seriously. Our lawyers know the procedure and strategy for getting the Protection Order monkey off your back. Contact the O’Malley Law Office at 303-731-0719. Together we can protect your future.
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