Civil Protection and Restraining Orders are being filed frequently in Greeley, Erie, and Evans. Sometimes after a fight, disagreement, or is just for revenge, a person will head over to the courthouse, file the request for a restraining order. And the even bigger problem is that judges and magistrates are granting the permanent orders with little to no factual basis. They are worried about getting criticized for denying a request, so they tend to err on the side of caution and issue the orders. For those the Restraining Order has been entered against, the consequences are beyond just not having contact with the protected party. It can affect your ability to get or keep a job, possess a gun or firearm, apply for a house, or get a security clearance.
Weld County Dismissal or Modification of Civil Restraining Order: What Does the Law Say About Removing Civil Protection Orders?
Just because an order is deemed permanent in Weld, Morgan, or Logan County, does not mean it has to be in place forever. According to C.R.S. 13-14-108, you can apply to have a Permanent Protection Order modified or dismissed. There are some rules that must be followed before you can petition the court to remove a Permanent Restraining Order:
- The order must be in place for at least two years before you can apply to have is modified or dismissed.
- You must have the protected party served with a copy of your motion to modify or remove the Protection Order and notice of your hearing.
If you have been convicted of any crime against the protected party, it will be harder to get the Restraining Order removed or modified. If this is the case, only the protected party can petition the court to modify or remove the protection order.
Greeley Protection Order Attorney: What Factors Are Used to Determine Whether to Modify or Dismiss a Restraining Order?
A Weld County judge will consider the following factors when deciding whether or not to modify or dismiss a Protection Order or Restraining Order:
- If you have had any violations of the Protection Order or Restraining Order
- If you have met all the conditions associated with the Protection or Restraining Order
- If you have completed any domestic violence or sex offender treatment and how you did in the treatment
- How much time has passed since the Protection Order was entered
- When the last incident of threat or harm occurred against the protected person
- If you have been convicted of any crime since the order was issued.
- If any other Protection or Restraining Orders have been entered against you
- The current situation of each of the parties – where they live, the likelihood they will come into contact if the order is lifted, etc.
- If the safety of the protected party depends on the Protection or Restraining Order staying in place
If you believe you meet all the criteria to have your Restraining or Protection Order removed, we would be happy to sit down with you and discuss the specifics of your situation and let you know the best course to take.
If you or someone you love is being limited due to a Protection Order or Restraining Order, contact the best Greeley defense lawyers today at 970-616-6009. Together, we can protect your future.
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