Restraining Order Modification or Dismissal in Arapahoe County and Jefferson County
Civil Protection Orders and Restraining Orders are everywhere. Judges and magistrates fear criticism against them if they deny a request for one, so they will grant an order if even a small basis for their issuance exists. These orders can spell big problems for men and women in Jefferson and Arapahoe County, however. Imagine losing your job, housing or security clearance. Imagine a Colorado law which says that no one subject to a Protection Order can possess a firearm. Goodbye to your police or security job. Read Reasons Why You Should Modify or Remove Your Protection Order.
Dismissal or Modification of Your Civil Protection Order – An Arapahoe and Douglas County Defense Lawyer Explains the Law
Permanent Protection Orders don’t necessarily have to be forever. Under Colorado law C.R.S. 13-14-108, you can apply to have your Protection Order modified or dismissed altogether. Here is how it works. First, you must wait at least 2 years following the issuance of your order. If you have been convicted of any crime against the protected person, then dismissal or modification is a bit harder to get. In this case, only the protected party can ask the court to modify or remove the protection order. This can only occur after the restrained party gets a detailed background check for the court. Second, if you have not been convicted of a crime involving the protected party, you can apply to have it changed, but you must obtain service on the protected party. This means you must have them served with a copy of your motion to modify and the notice of your hearing.
Factors Used to Determine Whether to Dismiss or Modify a Protection Order in Denver and Adams County
It is helpful to know what a judge is looking for in his or her decision to modify your Protection Order or a Restraining Order. They will be looking at the following:
- Whether you have violated the Protection Order or Restraining Order at any time.
- Whether you have met the conditions associated with the Protection Order or Restraining Order.
- Whether you have volunteered or been ordered to complete any domestic violence or sex offender treatment and how you did in this treatment.
- The time elapsed since the Protection Order was issued.
- When the last incident of harm or threats against the protected person occurred.
- Whether you have been convicted of any crime since the issuance of the Protection Order.
- Whether you have been given any other Protection Orders since the current one was given.
- The circumstances of the parties – like where they live and whether they will come in contact if the order is lifted.
- Whether the safety of the protected person depends on the Protection Order being kept in place.
Getting Free of a Restraining Order or Protection Order can greatly increase your quality of life. If you are being limited by where you can work or play, or if you are restrained by law from seeing your children, contact a Denver area Protection Order lawyer today. Our criminal defense attorneys have been defending people from Restraining Orders for over 25 years. Call us at 303-731-0719. Together, we can protect your future.