How to Remove a Permanent Restraining Order in Colorado
People who are in immediate danger or who fear for their lives, or the lives of their loved ones can use the court system to seek protection by filing a protection order against the person from whom they fear harm. Protection orders help protect people from intimidation, harassment, exploitation, harm, and threats of harm to a person or animal. Permanent restraining orders, or civil protection orders, can alter a person’s circumstances and impact a person’s life for years if not properly handled by an experienced attorney. As such, knowing how a permanent restraining order can be terminated should not be a mystery.
What is a permanent restraining order?
Impacts of a Permanent Restraining Order
Who can petition for removal of permanent restraining order?
Requirements to be fulfilled before a PRO can be terminated
Get help with removing a restraining order
What is a permanent restraining order?
A permanent restraining order is a civil protection order issued by an authorized municipal court or a county court to prevent contact between a restrained party and a person against whom a threat of violence exists. This often occurs where there is some relationship between the restrained party (or the respondent) and the party seeking a restraining order (the petitioner) and where there is evidence of violence or threat of harm. A permanent restraining order may last for years until the protected party asks the court to terminate it. Where the restrained party seeks to terminate or modify a permanent restraining order against them, they must satisfy specific time and compliance requirements.
A permanent restraining order (PRO) is significantly different from a temporary restraining order (TRO). While a TRO can arise from a complaint filed by an individual who feels threatened and lasts between fourteen days to one year following a hearing, a PRO can be issued when the court considers the evidence and finds that the protected party would be in danger from the restrained party without a PRO. The individual against whom a PRO is sought can present their case against issuance of the PRO. When issued by a competent court, the PRO must be delivered, with proof of service, to the restrained party by a police officer or other designated person who is not the victim or a minor. A restraining order is enforceable nationwide.
Impacts of a Permanent Restraining Order
A PRO prevents the restrained party from being within a specified distance from the protected party, their home and workplace, their child’s school, or other places where the child may be found such as homes of family and friends, and other public places where the victim or their child may be found. Permanent protection orders also extend to other non-physical contact or communication between the restrained party and the victim such as through channels like call, text, email, or social media.
Initial violation of the provisions of a restraining order constitutes a Class 2 misdemeanor and can result in up to 120 days of jail time and fines of up to $750 (for violations committed after March 1, 2022). Subsequent violations of the restraining order constitute a Class 1 misdemeanor with jail time of up to 364 days and/or up to $1000 in fines.
A PRO can impact the life of a restrained party in many ways (such as reduce quality of life, and limit access to housing and children of a union) until a motion can be brought to modify or terminate the order.
Who can petition for removal of permanent restraining order?
The Protected Party. A protected party may bring a motion to modify or terminate the protection order after it has been issued. The court will then hear both parties and determine whether to make any changes to the PRO.
The Restrained Party. Under Colorado statutes, a restrained party may also file a motion applying to the court for a modification of the duration or for a dismissal of the permanent protection order. However, this application can only be made after two years following the issuance of the permanent restraining order or after disposition of a prior motion for modification or dismissal.
Requirements to be fulfilled before a PRO can be terminated
There are several requirements for removal of a PRO. Upon receipt of a motion for termination or modification from the restrained party, a judge will consider the level of compliance with the protection order from the time it was issued.
Time. Some time must have elapsed between when the restraining order was issued and when the request to remove the order is made. When it is the restrained party filing for removal or modification, a two year wait period is required between issuance and the motion to terminate.
Compliance. The judge will check to see if all terms and conditions of the protection order have been complied with. This includes compliance with orders requiring no possession of firearms, participation in/completion of treatment programs for domestic violence offenders or sex offenders.
Last event. Evidence must be shown that the order is no longer needed, necessitating the removal or dismissal of the restraining order. The court will consider pertinent information such as when the last incident or violence or threat of harm occurred. The court will also want to know that the restrained person has not been convicted of any additional misdemeanor or felony other than what gave rise to the restraining order. Where such a conviction exists, the court cannot modify or dismiss the protection order.
Germane and valid reason. The reason given by the person seeking removal of the order must be germane, for instance, the circumstances of the parties including the proximity of one party’s residence, school, or workplace from the other, and the existence of minor children between the parties.
Background check. The restrained person must subject themselves to be fingerprinted for a background check of their criminal history record. This must be conducted within 90 days prior to filing a motion for removal or termination of the permanent restraining order.
Get help with removing a restraining order
A permanent restraining order is a very serious issue in Colorado and can limit a restrained person for many years or even for the rest of their lives. If you have been issued a restraining order and wish to contest its permanency or get more legal advice and assistance tailored to your specific situation, Barrie is experienced in fighting these orders. Call NewbergerKing Law LLC today at 970-946-4157 or submit an inquiry for a free consultation.
1. Colorado Revised Statutes § 13-14-105 (Provisions relating to civil protection orders)
2. CRS § 13-14-105 (Civil protection orders–prohibition on possessing or purchasing a firearm)
3. CRS § 13-14-106 (Procedure for permanent civil protection orders)
4. CRS § 13-14-108 (Modification and termination of civil protection orders)
5. CRS § 13-14-108 (2)(a)—protected party
6. CRS § 13-14-108 (2)(b)—restrained party
7. CRS § 18-6-803.5 (Crime of violation of a protection order); CRS § 18-1.3-501; (Class 1 and Class 2 Misdemeanors)
