Civil Protection / Restraining Orders are issued in many cases in Denver, Adams, and Arapahoe County. If you are the restrained person under the order, you should understand the restrictions and lack of freedom in your life. Under Colorado statute 13-14-108, you are able to request modification or dismissal of the Civil Protection / Restraining Order against you. But, it must be 2 years since the order was made permanent in order to apply for modification or dismissal, and there are many different factors involved. Let's dig deeper into the process.
Civil Protection Order Dismissal or Modification: Procedures
There are procedures you need to expect if you submit a Petition to modify or dismiss a Civil Protection / Restraining Order in Douglas, Jefferson, or El Paso County. These procedures include the amount of time that has passed since the order was made permanent, the taking of your fingerprints and obtaining your criminal record from CBI and the FBI, a motion being served to the protected party, and a hearing where it is determined whether or not to dismiss the order against you.
Two years must have passed since the order was made permanent in a Douglas, Arapahoe, or Denver County court, or anywhere in Colorado.
Your fingerprints will be taken, and your criminal record obtained from the Colorado Bureau of Investigation and Federal Bureau of Investigation.
The protected party will be served a motion to dismiss or modify the order. They will also be given notice about the date and location of the hearing.
A hearing will be held where the court will determine whether or not to grant your petition to modify or dismiss the Civil Restraining Order against you.
Factors Influencing the Court's Decision to Modify or Dismiss the Order
During the hearing, the court will decide whether or not to grant your request to dismiss or modify the Civil Protection / Restraining Order. There are many factors that go into this decision. Here are a few:
- How much time has passed since the order was put into effect?
- Have you complied with the protection order and its limitations?
- Have you learned anything since when the order went into place?
- Have you been convicted of any other crimes?
- Have you completed Domestic Violence treatment and/or classes?
- How much has your life been adversely affected by the order?
- Is the protected party's safety because the order is in place?
- How close are the locations you and the protected party frequent?
- Are there any other restraining / protection orders against you?
- How long since the last instance of harm against the protected party?
The Importance of Modifying or Dismissing a Civil Protection / Restraining Order
The restrained party of a Civil Protection Order lives an extremely restricted life. A Civil Protection / Restraining Order has a negative impact on the restrained party. You may not be able to keep your current job, and you may not be able to find a new one. Employers and the public are extremely wary of people who are restrained by a Civil Protection Order. They often assume guilt. Because of your restricted freedom, it is in your best interest to modify or dismiss the Civil Protection / Restraining Order as soon as possible.Here are a few examples of the limited freedom:
It is in your best interest to modify or
dismiss the protection order as soon as possible.
Restricted Firearm Rights
You are unable to possess or own a firearm, which goes directly against your Second Amendment rights.
Unable to Pass Clearance
You are unable to pass security clearances, which is required for some jobs across Colorado.
Restrictions on Movement
Restricted movement (can't go anywhere the protected person may go, including schools, house, jobs, etc.)
Under Constant Threat of Arrest
You are under constant threat of arrest at the word of the protected person concerning your whereabouts and actions.
Interested in Modifying or Dismissing a Civil Protection Order?
Contact a Qualified Lawyer for Help with Dismissal or Modification
If you are looking to modify or dismiss a Civil Protection / Restraining Order against you, contact an experienced criminal defense attorney immediately. There are many factors involved in order for a court to grant the request. You need to be prepared before you go into court so that you can get the best possible outcome in your case. Your quality of life depends on it.