Can I Have a Domestic Violence Protection Order Lifted?

Domestic violence cases in Colorado can be complicated and contentious, and domestic violence situations often result in one or both of the parties seeking a protection order. Protection orders can be temporary or permanent, and they are related specifically to the party who files for the order (the “protected person”) and the party who is restrained by order (the “restrained person”). As a restrained person, protection orders can have consequences that you may not have realized, and it may become important to find out about having an existing protection order modified or dismissed.

Depending on the circumstances, it may be possible for you to ask the court to modify or dismiss a protection order. Our Colorado domestic violence defense lawyers can explain in more detail.

How Protection Orders Work

In order to learn more about a restrained person seeking a modification or dismissal of a protection order, it is important to have a clear understanding of how these orders are issued.

When a person files for a protection order, a temporary protection order is typically issued at first, and it will usually last for 14 days. Then, in order for a permanent protection order to be issued, the restrained person must be notified of a hearing date and the court will determine whether a permanent protection order will be granted. Temporary protection orders are typically issued more readily until the court can consider a full range of evidence in the permanent protection order hearing. A permanent protection order will only be issued if the court determines it is appropriate under the circumstances.

When a Restrained Person Can Seek a Modification or Dismissal of a Protection Order 

The ability of a restrained person to seek a modification or dismissal will depend in part on whether there is only a temporary protection order in place, or a permanent protection order has been issued.

Temporary protection orders in Colorado typically last only for 14 days. As such, rather than trying to have this type of protection order modified or dismissed, you will want to seek assistance from a defense lawyer quickly so that you can be prepared for a permanent protection order hearing and can take steps to avoid having a permanent protection order issued.

If a permanent protection order has been issued, you cannot seek a modification until at least two years have passed since the permanent protection order was originally issued. However, if you were convicted of or pled guilty to any criminal offense against the protected person during that time — a misdemeanor or a felony offense — you cannot have the order modified or dismissed. In that situation, the order will remain permanent. If you were not convicted of and did not plead guilty to any offenses against the protected person, you will need to “prove that the modification is appropriate or that a dismissal is appropriate because the protection order is no longer necessary,” according to Colorado law. Your defense attorney can assist you with this process.

Contact Our Denver Domestic Violence Defense Lawyers 

If you are the restrained party in a Colorado protective order, you may be able to have the terms of the order modified or to ask the court to dismiss the protective order. As we have discussed, there are specific eligibility requirements for a restrained party to seek a modification or dismissal of a protective order, but a lawyer can help with this process. Do not hesitate to get in touch with an experienced Denver domestic violence defense attorney at DeChant Law to learn more about having a protective order modified or dismissed. Contact our firm today for more information about the criminal defense and domestic violence defense services we provide in Colorado.

Sources:

law.justia.com/codes/colorado/2022/title-13/article-14/

casetext.com/statute/colorado-revised-statutes/title-13-courts-and-court-procedure/civil-protection-orders/article-14-civil-protection-orders/section-13-14-108-modification-and-termination-of-civil-protection-orders

courts.state.co.us/userfiles/file/Self_Help/JDF%20395%20Instructions%20for%20Restrained%20%20Person%20to%20Modify%20Dismiss%20PO.pdf