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Dismissal and Modification of Protection / Restraining Orders

| Jul 10, 2015 | Protection / Restraining Orders |

If you are a restrained party under a Civil Protection Order (also known as a Restraining Order) in Denver or Adams County, which is currently in effect, you have the opportunity under Colorado law to have it dismissed entirely or modified after 2 years of compliance. C.R.S. 13-14-108. Under Colorado law, restrained persons can petition the Court to modify or dismiss Protection / Restraining Orders. Read Why Courts Give Out So Many Restraining Orders.

Why Try to Modify Your Protection or Restraining Order?

The reason it is important to seek a modification is because Protection / Restraining Orders are listed on a person’s criminal history in Jefferson County and Douglas County. That means that potential employers, lenders, and landlords will see that you are a restrained party. Unfortunately, even though the Protection Order may not stem from a criminal case, lay people often think it means that you are somehow a violent or threatening person and that the order comes from your misconduct. No one wants the liability of having an uncontrollable and dangerous person in their close proximity. Why invite problems? People do not note the difference between a criminal restraining order and a civil order. A Permanent Protection Order also disqualifies a person from owning or possessing a firearm.

Requirements to Modify Protection / Restraining Orders

The modification can be sought after a background check is completed, including submitting fingerprints to both CBI and the FBI, so a complete record of your conduct can be found. The restrained party must also not have violated the Protection Order and needs to provide a copy of the motion to modify or dismiss the order on the protected party. That party must be served with notice of the time and location of the hearing on the Protection Order motion. Don’t serve the motion yourself.

The judge will determine whether to modify or dismiss the Protection Order by reviewing the protected party’s criminal history including any additional crimes that were committed since imposition of the order, past compliance with the order, completion of domestic violence classes or sex offender treatment, the time elapsed since the order was put into effect, the date of the last incident of abuse or threat of harm against the protected person, the safety concerns of the protected person, other protection or restraining orders against the restrained person, proximity of housing and jobs and education between the parties, and whether the continued safety of the protected party depends upon the Protection Order remaining in place. The judge will also consider personal growth on the part of the restrained party and character improvements. This is a comprehensive list, but not all that your Denver area defense attorney should provide to the court.

While there are many factors to consider before filing a petition to modify a Protection Order, having an experienced attorney by your side to navigate you through the process and advocate on your behalf greatly increases your chance of success.

Having a permanent Protection Order on your record can be life altering. If you or a loved one are contemplating petitioning the court to vacate your Protection Order in Arvada, Fort Collins, Colorado Springs or Aurora, the attorneys at the O’Malley Law Office can help. We are experienced defense attorneys who devote ourselves solely to the practice of criminal defense and related Civil Protection Orders. Call us today at 303-731-0719. Together, we can protect your future.