Why It’s Important to Dismiss or Modify a Civil Protection / Restraining Order
Restraining / Protection orders are extremely restricting. A person will have many negative effects as a result of being restrained. These include:
- Inability to own or possess a firearm.
- Inability to pass security clearances required for many jobs.
- Possibility of arrest at the word of the protected party.
- Restricted movements (they will be restricted from attending any place the protected party might be).
If a person is restrained by a civil restraining / protection order, their life is greatly limited. The public will assume a person’s guilt before hearing both sides of the story if they learn a person is restrained. Because of this, it is important to modify or dismiss a civil protection as soon as possible.
Factors Which Influence a Court’s Decision Regarding a Civil Restraining / Protection Order
The court will decide whether or not the motion to dismiss or modify a civil restraining / protection order is granted. Their decision will be based on several factors, including:
- Whether or not additional crimes were committed by the restrained person against anyone.
- Completion of Domestic Violence classes or sex offender treatment.
- Amount of time that has passed since the order was put into effect.
- Past compliance with the order.
- Date of last incident or threat of harm or abuse against the protected person.
- Other restraining / protection orders against the restrained party.
- Safety of the protected part.
- Proximity of places frequented by both parties (housing, jobs, schools, etc.).
- Whether or not the protected party’s safety is based on the restraining order staying in place.
- Character improvements (has the restrained party learned from their mistake).
- How much harm is being incurred by the restrained person’s life because of the order.
Procedures Required for Modification or Dismissal of a Civil Protection Order
There are certain procedures which are necessary for the modification or dismissal of a civil protection order in Larimer, Boulder, and Jackson County. They are as follows:
- 2 years must have passed since the civil protection / restraining order was made permanent.
- Finger prints need to be taken, and a criminal history provided by the Colorado Bureau of Investigation (CBI) and Federal Bureau of Investigation (FBI). If any other convictions are found against the protected party (by the restrained person), modification or dismissal of the civil protection order will likely be prevented.
- A motion to modify or dismiss the civil restraining / protection order will be served to the protected party, and they must be given notice of the time and location of the hearing on the motion.
- A hearing will be held to determine whether or not the civil restraining / protection order will be modified or dismissed.
Civil Restraining / Protection Order Hearing: Why You Need a Criminal Lawyer
If you are considering trying to get your civil restraining / protection order modified or dismissed, you need to contact an experienced criminal defense attorney for a free consultation. One of our lawyers will be able to tell you what to expect at the hearing, and how you can be prepared to get the best possible outcome. Don’t go into court alone, unprepared. Work with a skilled attorney who knows all the different factors which need to be taken into account before you approach the court with your request to modify or dismiss the civil restraining / protection order.