It isn’t easy to remove a Protection / Restraining Order – C.R.S. 13-14-108 in Weld, Morgan, or Logan County. It is extremely easy for a judge or magistrate to grant a restraining order (judges often grant protection orders to protect themselves from criticism in the future, if something happens). Like most liberties, it is much easier to have your rights taken away than to have them restored. I have seen this happen often as a criminal defense attorney in Greeley, Erie, and Evans. An example of this would be the confiscation of your property after you have been arrested. After you have been found not guilty in court, it can take months or years to get your property back. The same goes for removing protection / restraining orders: It takes a moment for a judge to issue one, but months to get it removed. Here are a few questions I hear often about removing a Protection / Restraining Order.
Removing a Protection or Restraining Order: Why You Want it Vacated
If you are the restrained person in a protection / restraining order, there are a few reasons you may want to get it removed. For example, it can be logistically frustrating to live life under a restraining order. If you happen to be in the same location as the protected party, you will be required to leave (there aren’t any explanations as to why you were in the area which will satisfy a judge). Also, if you are the restrained party of a protection / restraining order, you are unable to possess or purchase firearms and ammunition.
When and Who Can Seek Modification or Removal of a Protection / Restraining Order
The person who is protected in a temporary or permanent Civil Protection Order (learn about the difference between a permanent and temporary restraining / protection order) is allowed to request modifications or dismissal of the order at any time. The restrained person is also able to request modification, but only two years after the original order was placed, or after the disposition of a prior motion to modify (whether or not it was granted).
Contact us if you are the restrained party in a protection order.
Can I Get a Permanent Protection / Restraining Order Dismissed?
We get a lot of calls asking if a permanent protection / restraining order can be dismissed. When I ask why the order was placed in the first place, they don’t know, because they didn’t attend the hearing. Usually, this is because they want to avoid the person who is requesting the order, because it is an ex-wife, ex-boyfriend, etc. If you don’t attend a permanent protection order hearing, the protected party will most likely get it granted. If you would like to have an ally in court when you attend this hearing, don’t hesitate to contact one of our experienced criminal defense attorneys who will represent you in your permanent protection / restraining order hearing.