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Civil Protection / Restraining Orders Modification / Removal in Colorado

| Aug 5, 2014 | Protection / Restraining Orders |

Trying to remove or modify a Civil Protection / Restraining Orders, C.R.S. 13-14-108, in Arapahoe or Jefferson County is not a simple matter. It wasn’t long ago I wrote about the various types of Protection Orders (also known as Restraining Orders). In that piece I mentioned why judges are motivated to grant Civil Protection Orders. But, like a growing number of personal freedoms, it is easier to have them stripped away than it is to have your rights restored.

Why You Should Consider Having Civil Protection / Restraining Orders Removed

In Denver, or Douglas County, a Civil Protection Order can make your life difficult. In addition to not being permitted to remain in the same location as the protected party, such as school events or a grocery store, restrained persons cannot possess firearms; and if you are looking for a job, your chances of being hired are greatly reduced.

It is important for restrained persons to remember that it is always their responsibility to leave any location where the protected party may be. If a restrained person does not leave immediately, no amount of explanation will keep a law enforcement officer from making an arrest.

Procedure for Modifying or Removing Civil Protection / Restraining Orders

The protected person is permitted to ask the court to modify or dismiss a Civil Protection Order at any time. However, the restrained party is only permitted to request a modification or removal after two years from the original order or two years after the last ruling. In other words, if the court does not grant a protected party’s petition, the protected party must wait two years before asking again.

When applying for a modification or removal of a Civil Protection Order in Littleton or Westminster, the applicant must have their finger prints taken and obtain a criminal history from the FBI and the Colorado Bureau of Investigation (CBI). After the request is submitted to the court, a date and time for a hearing is set. It is the responsibility of the petitioner (through their lawyer – do not contact them yourself) to provide notice to the protected party that he or she is seeking to have the Civil Protection Order modified or removed. If the rules are not followed carefully and the protected party is not informed properly, it may result in waiting another two years before trying again.

Considerations of the Court in Deciding on Civil Protection Order Modification or Removal

Courts in Centennial, Englewood and Littleton weigh many factors in deciding to either grant or deny a modification or removal of a Civil Protection Order. Some of those factors include new offenses, whether the petitioner has completed classes in domestic violence, anger management, or possibly sex offender treatment. The courts will also consider statements made by protected parties and also the severity of any crime committed against that person.

The lawyers at the O’Malley Law Office, P.C. understand the procedures and strategies which help courts in Adams and Elbert County grant your petition in Civil Protection Order matters. Call us to discuss your unique situation at 303-731-0719. Together, we can protect your future.