If you have been charged with a sex crime in Denver, Arapahoe, or Douglas County, you may also have a Civil Restraining / Protection Order issued against you. If this is the case, and the order is still in place, you are able to request modification or dismissal of the restraining Order, if it has been 2 years since it was made permanent. Details are included in the Colorado Statute 13-14-108. Let’s look closer at why you would want to request modification or dismissal, and the different factors involved in petitioning the court.
Why It’s Important to Modify or Dismiss a Civil Protection / Restraining Order
The person restrained by a Civil Restraining / Protection Order is greatly restricted. Here are a few examples of the rights and freedoms which are taken away:
- Unable to own or possess a firearm.
- Unable to pass a security clearance, which is required for some jobs.
- Restricted freedom (unable to go anywhere the protected person frequents, such as a home, job, school, etc.).
- At the mercy of the protected party (who could call the police at any point).
Being the restrained party in a Civil Restraining / Protection Order is difficult. The public is suspicious of anyone who is restrained by a protection order. Employers aren’t likely to hire someone who is restrained. Because of this, it is important to request a modification or dismissal of a restraining order as soon as possible.
Procedures Involved in Modification or Dismissal of Civil Restraining / Protection Orders
If you are requesting dismissal or modification of a Civil Protection / Restraining Order in Adams, El Paso, and Jefferson County you must meet these requirements:
- It must be at least 2 years since the order was made permanent.
- Your criminal record will be obtained from the Colorado Bureau of Investigation (CBI) and Federal Bureau of Investigation (FBI), after you submit your finger prints.
- A motion will be served to the protected party informing them of the request to dismiss or modify the protection order. They will also be informed of the date and location of the hearing, where they can object or agree to your request.
- A hearing will be held and the court will either grant or deny your request.
Factors Influencing the Court’s Decision Regarding Modification or Dismissal of the Order
There are many factors involved in the court’s decision to modify or dismiss the Civil Restraining / Protection Order against you. These include:
- Your past compliance with the order.
- Your character and changes you have made since the order went into effect.
- Whether or not you have been convicted of other crimes.
- The amount of time that has passed since the order went into effect.
- Whether or not you have completed Domestic Violence classes or sex offender treatment.
- How much your life has been negatively affected by the restraining order.
- Whether the safety of the protected party is dependent on the protection order being in place.
- How long it has been since the last occurrence of abuse or harm against the protected person.
- Whether or not the protected party’s life will intersect with your own.
- Whether or not there are other restraining orders against you.
Why You Need a Lawyer for Modification or Dismissal of a Civil Restraining / Protection Order
There are many factors involved in a court’s decision to grant a request for modification or dismissal of a Civil Restraining / Protection Order. So, it is important you work with an experienced criminal defense attorney who has a strong understanding of all the factors involved. You need someone in court who can fight on your behalf to get the best possible outcome in your situation.