Civil Protection Order Dismissal & Modification
Dismissal Or Modification Of A Civil Protection Order
If you are a past recipient of a civil protection/restraining order in Denver or Adams County that remains in effect, you have the opportunity under Colorado law to have it dismissed entirely or modified. C.R.S. 13-14-108 provides restrained persons the option of applying for modification or dismissal after two years have passed since the order was made permanent.
Necessary Procedures For Removal, Dismissal Or Modification Of Civil Protection Orders
The procedures affecting the removal of orders of this type in Arapahoe and Jefferson County are important, since protection/restraining orders impact the quality of life restrained persons suffer. Did you know that restrained persons are ineligible to own or possess a firearm, can’t go to places the protected party might be (like high school or junior high student activities of their own children), can’t pass security clearances for many jobs and are arrested on the word of the protected party who alleges an order violation? Imagine a job interview with a bank or security company, where the existence of a protection/restraining order comes up. Put simply, these orders presume a person’s guilt of misconduct as long as they exist and are accessible to the public.
Applicants for modification or dismissal of a civil protection order (CPO) in places like Aurora, Castle Rock and Lakewood must first wait at least two years following the issuance of the permanent order. At that point, they are required to get their fingerprints taken and obtain a criminal history from both the Colorado Bureau of Investigation (CBI) and the Federal Bureau of Investigation (FBI). Additional crime convictions committed against the protected party, by the restrained party, will prevent modification or dismissal of the order. The motion to modify or dismiss the order needs to be served on the protected party under court rules (not by the restrained party), and the protected party must also be given notice of the time and location of the hearing on the motion.
Factors Influencing The Court’s Decision On Civil Protection/Restraining Order Removal
The court that decides the motion will base its decision on things like additional crimes committed by the restrained party against anyone, 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. We also think courts in Littleton, Centennial and Lone Tree will be influenced by the harm incurred by the restrained party from the order’s presence, whether the parties have any points of contact where they are likely to run into one another and any general character improvements by the restrained party (i.e., evidence that the person has grown up and changed).
There are many other factors to take into account before approaching a court with your request to modify or dismiss a civil protection order in Douglas or Elbert County. Come in for a free consultation with one of our lawyers today. You can reach us at 303-731-0719. Together, we can protect your future.