If you have a civil restraining / protection order against you after you've been charged or accused of a sexual offense such as Sexual Assault, Sexual Assault on a Child, or Sexual Exploitation of a Child, you may be wondering if it's possible to modify or dismiss the restraining order against you. Fortunately, the answer is yes. But, you must be aware of the requirements and factors involved with requesting modification or dismissal of your civil protection order / restraining order.
Defense Lawyer Explains Requirements for Civil Protection Order Modification or Dismissal
In Douglas County and across Colorado, the court has authority in enforcing, modifying or dismissing a temporary or permanent protection order. Before requesting that your civil protection / restraining order be modified or dismissed in Castle Rock, you must meet certain requirements. For instance, a motion to modify or dismiss a civil protection order can only be filed two years from when the permanent order was issued. You also must provide the court with results of a fingerprint-based criminal history record check, which will include your criminal history records from the Colorado Bureau of Investigation and Federal Bureau of Investigation. To be absolutely clear on what's required of you before a modification or dismissal of a civil protection / restraining order, always speak with an experienced Castle Rock protection order lawyer.
Civil Restraining Order Attorney in Adams County: How the Court Handles a Protection Order
Courts in Adams, Arapahoe County or anywhere else in Colorado will consider the following factors before modifying or dismissing a civil protection / restraining order:
- Whether you have complied with everything in the order;
- Whether you have met the conditions listed in the order;
- Whether you have been ordered to complete a Domestic Violence offender treatment program or sex offender treatment program, or you have made significant progress in a sex offender treatment program;
- Whether you have voluntarily participated in a Domestic Violence offender treatment program or sex offender treatment program;
- How much time has passed since the order was issued;
- When the last incident of abuse or threat of harm occurred against a protected person;
- Whether you have been convicted of or pled guilty to a crime against the protected person (other than the original offense);
- Whether there are other restraining / protection / protective orders issued against you;
- Whether your life has intersected with the protected party's life;
- Whether the safety of the protected person depends on the order remaining against you.
As you can see, courts in Adams, Jefferson County and across Colorado will consider many things before a civil protection / restraining order against you can be modified or dismissed. Always consult a knowledgeable criminal defense attorney to be informed of what the court expects when it comes to civil restraining / protection orders. You need an attorney at the O'Malley Law Office who will fight hard for your future and your rights.Request a Free Consultation