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Permanent Restraining Orders

It IS possible to have a so called “Colorado Permanent Restraining Order Lifted.

The Restrained Person

If you are the person restrained by the Order – to file a Motion to Modify or Dismiss a Protection Order with the Court, four years must have passed after issuance of the Permanent Protection Order or after disposition of any prior motion.

If you have been convicted of any misdemeanor, other than the original misdemeanor, that included an act of domestic violence or any felony, then the protection order shall remain permanent and shall not be dismissed by the Court. It is important to understand that any violations after the permanent protection order is issued are taken into consideration.

You must complete a fingerprint-based criminal history record check prior to filing your Motion.

The Court will not consider the Motion unless the fingerprint-based criminal history record check is conducted within 90 days prior to the filing of the Motion.

You must prove that the modification is appropriate or that a dismissal is appropriate because the protection order is no longer necessary.

The law can be found at Colorado Revised Statute Section 13-14-102, C.R.S.

Section 13-14-102 (17.5(a) – Civil protection orders (removal) (this is the subsection that is relevant to this article) (17.5) (a)

Nothing in this section shall preclude the protected party from applying to the court at any time for modification, including but not limited to a modification of the duration of a protection order, or dismissal of a temporary or permanent protection order issued pursuant to this section. The restrained party may apply to the court for modification, including but not limited to a modification of the duration of the protection order, or dismissal of a permanent protection order pursuant to this section.

However, if a permanent protection order has been issued or if a motion for modification or dismissal of a permanent protection order has been filed by the restrained party, whether or not it was granted, no motion to modify or dismiss may be filed by the restrained party within four years after issuance of the permanent order or after disposition of the prior motion.

The Person Who Obtained the Permanent Restraining Order

Here the law is different: (no four year requirement)

The Protected Person, or the protected person’s attorney, parent or legal guardian if a minor, or appointed Conservator for the Protected Person may apply to the Court at any time to modify or dismiss a protection order.

The Protected Person may apply at any time for a modification of the duration of the protection order, or dismissal of a temporary or permanent protection order.

The Protected Person should determine if the Restrained Person has any convictions after the date of issuance of the protection order, as the Court cannot grant the dismissal under those circumstances.

If the Restrained Person is convicted of any misdemeanor, other than the original misdemeanor, that included an act of domestic violence or any felony, then the protection order shall remain permanent and shall not be dismissed by the Court.

Good Luck

A Colorado Restraining Order Criminal Defense Lawyer

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