Restraining orders are often put in place to protect victims from violent individuals. Unfortunately, these orders may also be put in place against individuals who are accused of being violent where there is no real evidence of such behavior. After a protective order is issued, can Colorado residents accused of domestic violence do anything to get them dismissed?
The quick answer to this question is yes. It is possible to get permanent orders of protection dismissed or at least modified. There are certain steps that must be taken to do this, and the court will only consider such a request under very specific circumstances.
To get started, it will be necessary to file a formal request for protective order dismissal. To do this, one has to wait a minimum of two years after the order was put into effect for orders of protection issued after July 1, 2013. The wait to seek a dismissal or modification is four years if the order was issued before that date.
Along with filing an official request, it is necessary for petitioners to submit to a criminal record check. This record check is done through a fingerprint-based system. Those found to have convictions due to actions against the protected individual, following the issue of a permanent retraining order, will likely have their requests denied.
When seeking to have a protective order modified or dismissed, it is up to the petitioner to supply proof that the current order is no longer a necessity. This can be a difficult task. Colorado residents can turn to experienced counsel for help.
Source: courts.state.co.us, “Instructions for Restrained Person: Motion to Modify / Dismiss Protection Order”, Accessed on Dec. 11, 2017