Dismissal or Modification of a Restraining / Protection Order in Greeley
If you are the restrained party in a Civil Protection / Restraining Order in Greeley, Evans, or Erie, you are able to petition the court to have it modified or dismissed. The statute - C.R.S. 13-14-108, states that restrained parties are able to apply for modification or dismissal if it has been two years since the order was made permanent. Let’s dig deeper into this process and how it is handled in Morgan, Logan, and Weld County.
What is the Procedure for Dismissal or Modification of a Civil Protection Order?
If you are looking to dismiss or modify a civil protection / restraining order in Greeley, or anywhere in Colorado, there is a certain procedure:
- It must be 2 years since the civil protection / restraining order was made permanent.
- Your finger prints will be taken, and your criminal history will be obtained from the Federal Bureau of Investigation (FBI) and Colorado Bureau of Investigation (CBI). This is done to determine whether or not you have any other convictions against the protected party.
- A motion to dismiss or modify the order will be served to the protected party. They will also be given notice about the location and time of the hearing.
- A hearing will be held where the court will decide whether or not to grant your request to modify or dismiss the civil protection / restraining order.
Why Should I Dismiss or Modify a Civil Protection / Restraining Order?
People who are restrained by a protection / restraining order have extremely limited lives. Here are a few of the restrictions for restrained parties:
- Unable to possess or own a firearm.
- Possibility of constant arrest at the word of the protected party.
- Unable to pass security clearance which is required for some jobs.
- Restricted freedom (unable to go anywhere the protected party may frequent, such as children’s schools, house, and jobs, etc.).
Because a person’s freedom is greatly limited by a civil protection / restraining order, it is important to request modification or dismissal of the order as soon as you are able. When the public hears about a restraining order, they automatically assume guilt. Life can be difficult as a restrained person.
Which Factors Influence a Court’s Decision to Modify or Dismiss a Civil Protection Order?
During the hearing, the court will determine whether to grant your request to dismiss or modify the civil restraining / protection order against you. Their decision is based on many factors, including:
- Amount of time which has passed since the restraining order was put into place.
- Your compliance with the protection order.
- Your completion of sex offender treatment or Domestic Violence classes.
- How much harm you have incurred because of the restraining order.
- Character improvements (if you have learned from your mistake and changed).
- The safety of the protected person, and whether or not this safety is because of the protection order being in place.
- If you have been convicted of any other crimes.
- Proximity of the places both people frequent, such as neighborhoods, jobs, etc.
- Whether or not there are other restraining orders issued against you.
- Date of the last instance of abuse or harm against the protected party.
Why You Need a Criminal Defense Lawyer for a Civil Protection Order Hearing
If you want to make a request for modification or dismissal of a civil restraining / protection order, it is wise to consult with an experienced criminal defense attorney who can guide you through the process. There are many factors involved in a civil protection order hearing in Colorado. Don’t be unprepared. Contact a lawyer at our office who can prepare your case before you go into court so that you get the best possible outcome.