Can Restraining Orders be Dismissed?

  • Criminal Defense
April 28, 2017

If a restraining order was issued against you in Colorado, you are able to have this order modified or entirely dismissed, depending on the circumstances of your case. It is important for those who have restraining orders issued against them to dismiss or modify it because of their restrictive nature and the negative effects they have on a person’s life.

Restrictions Imposed on the Restrained Person

In addition to having to having movements restricted, a restraining order will have many other impacts, such as:

  • The inability to own or possess a firearm
  • Difficulty passing security clearances that may be required for a job
  • The possibility of being arrested based solely on the protected party’s word

What Could Influence a Court’s Decision Regarding Dismissal or Modification?

The court will consider several factors before reaching a decision on whether or not it would be appropriate to dismiss or modify a restraining order. These factors include:

  • If there were any additional crimes committed by the restrained person against someone
  • Completion of either domestic violence classes or sex offender treatment
  • The amount of time that has passed since the restraining order went into effect
  • Past compliance
  • The last occurrence of threat of harm or abuse against the protected person
  • Any other restraining orders the restrained party may have
  • The safety of the protected party
  • Whether or not the safety of the protected party is based on the restraining order remaining in effect
  • Any relevant character improvements
  • The level of harm incurred by the restrained party as a result of the restraining order

Requirements for Dismissal or Modification of a Restraining Order

A restrained person must follow certain procedures to have an order dismissed or modified.

  • 2 years must have passed since the order was made permanent
  • Fingerprints must be taken and a criminal history must be provided by the Colorado Bureau of Investigation (CBI) and Federal Bureau of Investigation (FBI)
  • A motion to dismiss or modify the restraining order will be served to the protected party, notifying them of the time and location of the hearing for the motion
  • The hearing will be held to determine whether or not the restraining order should be dismissed or modified

Restraining Order Attorneys in Longmont

Our team of Longmont criminal defense lawyers is relentless in our pursuit for favorable outcomes for our clients. At Jorgensen, Brownell & Pepin, P.C., we will provide you with the hard-hitting defense you deserve and guide you through the intricate process of having your restraining order dismissed or modified. We understand that there are two sides to every story and will ensure that your side is heard.

Contact our office today to learn how we can help you and get started on your case.

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