Colorado Sex Crime Attorney Blog

Dismiss or Modify a Civil Restraining Order in Denver: Process of Modifying or Dismissing a Protection Order in Any Criminal Offense

Posted by Kyle B. Sawyer | Aug 15, 2016 | 0 Comments

If you have questions about how to modify or dismiss a civil restraining order or protection order, call our Denver criminal defense lawyers.
Image Credit: Pixabay – andibreit

With sex offenses, judges in Denver, San Juan County and across Colorado often issue civil restraining or protection orders to please society and avoid public criticism. If you are issued a civil protection order in Colorado, your freedom is limited in many ways. You can lose your job, the ability to see your children and your ability to possess a firearm. The public sees you as a threat even if you've been overcharged or falsely accused of a sexual crime. If you are facing a restraining order anywhere in Colorado, call the best criminal defense lawyers at the O'Malley Law Office immediately and protect your future.

Attorney for Dismissal or to Modify a Civil Protection Order in Douglas County or Adams County

In Douglas County and Adams County, Colorado, you can apply for modification or dismissal of your civil restraining order or protection order. According to C.R.S. 13-14-108, however, you must wait two years after the protection order was issued before you can file a motion to modify or dismiss the protection order. In other cases, if you have been convicted or pled guilty to a misdemeanor or felony against the protected person, only the protected person can ask for modification or dismissal of the protection order. The restrained person would have to provide the court with a background check. If you have not been convicted of a criminal offense against the protected person, you can apply to have your protection order modified or dismissed after serving the protected person with a copy of your motion to modify or dismiss and providing notice of the hearing on the motion.  The rules behind a motion to modify can become complicated, so seek the assistance of a protection order lawyer for the best chance of success.

Modify or Dismiss a Protection Order in Arapahoe County: Factors the Arapahoe County Court and Jefferson County Court Considers

In considering whether to modify or dismiss a protection order in Arapahoe or Jefferson County, Colorado, the court will consider many factors. These factors include:

  1. Whether you've complied with the protection order terms;
  2. Whether you've met the conditions associated with the protection order, if any;
  3. Whether you've volunteered or been ordered to participate in and have completed domestic violence treatment or sex offender treatment;
  4. How much time has elapsed since the protection order was issued;
  5. When the last incident of abuse or threat of harm occurred;
  6. Whether you've been convicted of or pled guilty to a misdemeanor or felony against the protected person since the protection order was issued;
  7. Whether you've been issued any other restraining order, protective orders, or protection orders;
  8. The circumstances of the parties, including the proximity of the parties' residences and schools or work places and whether the parties have minor children together;
  9. Whether the safety of the protected person depends upon the protection order remaining in place because the order has been successful in preventing further harm to the protected person.

Attorney to Modify or Dismiss Restraining Order in Denver: Call Today

If you have more questions about the modification or dismissal of a civil restraining order process in Denver or anywhere else in Colorado, call the criminal defense attorneys at the O'Malley Law Office today. Our lawyers know the harmful effects of having a restraining order against you and how much it lowers your quality of life. That's why we work aggressively with a team of professionals to find out the truth behind any accusations or charges against you. Call our firm today to schedule a free initial consultation with us.

Request a Free Consultation

If you or your loved one has a Civil Restraining order / Protection order issued against them, be smart and exercise your right to remain silent. Then, call the top criminal defense lawyers at the O'Malley Law Office today at 303-830-0880 for a free consultation. If you desire a Christian attorney to represent you, you will feel comfortable working with us. Together, we can protect your future.

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


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