Are you looking to remove an existing permanent restraining order? Our guide explains the steps to achieve just that.
What is a Permanent Protective Order in Colorado?
A Permanent Protective Order, often referred to as a permanent restraining order, is a legal decree issued by a Colorado court. This court order protects individuals from harm or harassment by prohibiting a restrained party from contacting or interacting with them. The key characteristics of a Permanent Protective Order in Colorado are as follows:
- Long-Term Restriction: Unlike Temporary Protection Orders, also referred to as temporary restraining orders, which are short-term and often issued in emergency situations, permanent protective orders are intended for long-term protection. They are usually put in place after a court hearing where both parties have the opportunity to present their case.
- Prohibited Contact: The order restricts the restrained person from contacting the protected individual in any manner. This includes direct physical contact, as well as indirect contact through phone calls, emails, social media, or any other form of communication.
- Scope of Protection: The protection can extend to various forms of interaction, including harassment, stalking, intimidation, threats, and any form of abuse. It may also specify the distance a restrained person must maintain from the protected individual’s home, workplace, or other locations.
- Legal Consequences for Violation: Violating a Permanent Protective Order can result in serious legal consequences, including criminal charges, fines, and imprisonment.
- Issuance Process: To obtain a Permanent Protective Order in Colorado, an individual must file a formal request with the court and provide evidence justifying the need for such an order. A judge will review the case and decide whether to grant the permanent order based on the evidence presented.
- Duration: Once issued, a Permanent Protective Order remains in effect indefinitely unless modified or dismissed by a court.
It’s important to note that while Permanent Protective Orders are crucial for safeguarding individuals against potential harm, the process and specifics of obtaining one can vary based on the circumstances of each case.
As a disclaimer, legal advice from a qualified criminal defense attorney is recommended when navigating the removal of a restraining order process effectively.
How to Get a Restraining Order
Restraining orders are common in cases of domestic abuse and sexual violence, as well as harassment and stalking. The legal requirements for obtaining a restraining order vary by state, but there must be some rationale for a restraining order to be granted. In Colorado, specifically, individuals seeking a restraining order must prove that their life is in immediate danger.
Protective orders are intended to protect individuals from a variety of actions, including domestic violence, Colorado Stalking (Vonnie’s Law), harassment, unwanted contact, threats, intimidation, and cyberstalking.
If a person wants a restraining order, they must file a formal request (known as a petition) with their municipal court. The filing process may require meeting certain criteria, including the necessary fees to file a petition.
Once the court approves the request, the restraining order will be made temporary by default, which is known as a Temporary Restraining Order or TRO. The TRO will then be delivered (usually by law enforcement) to the perpetrator.
After the TRO is delivered, both the protected party and the restrained person are required to attend a hearing to determine if the restraining order should be made permanent. The hearing allows the restrained party to present their case as to why the order should not be made permanent. The judge will then hear the case and make a decision.
Once a restraining order is granted, the restrained person is prohibited from contacting the protected person (or persons) in any way, shape, or form. Different forms of contact include sending flowers or gifts and usually require the restrained person to maintain a specified distance from the protected person.
Prohibited Actions Under a Restraining Order
The purpose of a protective order is to protect the person who has it. This means contact will be limited or completely forbidden, depending on the specific circumstances of each unique situation. People who have one placed against them may be prohibited from the following forms of contact with the protected person:
- Contacting: No contact of any kind with the protected person, including direct or indirect communication through any means.
- Harassing: Any form of harassment, whether physical, verbal, or digital, is forbidden.
- Injuring: Causing any physical harm to the protected person is strictly prohibited.
- Intimidating: Any actions perceived as intimidating or threatening to the protected person are not allowed.
- Molesting: Engaging in any unwanted or inappropriate physical contact is forbidden.
- Threatening: Making any threat of harm, whether explicit or implied, against the protected person is a violation.
- Touching: Any unwanted physical contact with the protected person is prohibited.
- Stalking: Following or surveilling the protected person in any manner is not allowed.
- Sexual Assault: Any form of sexual contact or behavior without consent is strictly prohibited.
- Abuse: Any form of physical, emotional, or psychological abuse.
- Entering or Remaining on Premises: The restrained person may be prohibited from entering or remaining at certain locations, often including the home, workplace, or school of the protected person.
- Approaching the Protected Person: The order may specify a minimum distance the restrained person must maintain from the protected person.
- Harming or Threatening to Harm an Animal: If the protected person owns pets or animals, the restrained person may be prohibited from harming or threatening these animals.
- Digital Contact: The restrained person is often prohibited from contacting the protected person through digital means, including social media, email, text messages, and other online platforms.
These prohibitions are designed to offer comprehensive protection and can be tailored to the specific circumstances of each case. Violating the terms of the protection order can lead to legal consequences, including hefty fines and jail time.
How to Remove a Restraining Order
The protected person can remove a permanent restraining order by filing a new petition with the court. However, the removal of a restraining order does not come without consequences. Judges are often very cautious about lifting restraining orders to safeguard the best interests of the protected party. The removal of a protection order could potentially harm the protected individual, and therefore, the process is approached with utmost caution.
The restrained person can also petition to remove a permanent restraining order. However, the removal process is extremely difficult, and strict requirements must be met for it to be considered. Here’s a general overview of the steps:
1. Seek Legal Representation: It is advisable to have legal representation when seeking to remove a restraining order. An attorney can help present the case more effectively and navigate the legal intricacies.
2. File a Motion: The person subject to the restraining order (the respondent) must file a motion with the same court that issued the restraining order, requesting it to be modified or dismissed. The filing of the motion should clearly state the reasons why the restraining order should be removed.
3. Serve the Motion: The motion must be legally served to the protected party (the petitioner), informing them of the request to modify or dismiss the restraining order.
4. County Court Hearing: The court typically schedules a hearing where both parties can present their arguments. The respondent should be prepared to present evidence or arguments as to why the restraining order is no longer necessary or justified.
5. Judge’s Decision: The judge will consider the evidence and arguments presented by both parties and make a decision. Based on the information provided, the judge may decide to keep, modify, or dismiss the restraining order.
Related Civil Protection Orders
The Colorado Revised Statutes (C.R.S) that pertain to the modification or dismissal of a restraining order are found in C.R.S. 13-14-108. This statute outlines the process for the modification, termination, or dismissal of permanent civil protection orders. It includes provisions on how and when a court may consider such a request and the criteria that must be met.
For example, to lift a permanent restraining order, the restrained person must supply fingerprints to the Colorado Bureau of Investigation and the FBI (Federal Bureau of Investigation). That person must also pay the cost of a fingerprint-based criminal history record check. If the court doesn’t receive the results of a criminal history background check, the judge will likely not consider any motion to modify the existing restraining order.
Removing a restraining order is a serious matter that should not be taken lightly. Consult an attorney before filing a petition to dismiss a restraining order for any reason, as your decision can greatly impact you for the rest of your life.
Legal and Personal Consequences
A permanent restraining order carries significant legal and personal consequences, particularly for the restrained person. Legally, it can affect their criminal record and may lead to restrictions on firearm possession, employment opportunities, and housing options, as the order becomes part of public record. Socially, it can strain personal relationships and damage reputation due to the associated public stigma.
For the protected person, a restraining order primarily provides safety and peace of mind, but it also requires adjustments in routines and interactions to ensure its effectiveness. Both parties must strictly adhere to the order’s terms, as violations can result in serious legal repercussions, including arrest and prosecution.
Contact Our Law Office
Colin Bresee is a highly experienced Colorado criminal defense lawyer based in the Denver area, with an impressive track record of over 20 years. Renowned for his expertise in criminal cases, from child abuse to DUIs. His approach to legal defense is client-focused, ensuring a strong attorney-client relationship with personalized attention to each case. If you’re looking to remove an old restraining order or need guidance in any criminal defense matter, Colin is ready to help. You can reach his law firm at 303-647-4439 for a free consultation, where you’ll receive expert, confidential advice tailored to your specific needs.
By Shannon Lynch