Do you have an old restraining order that you want removed? Here’s how to do it, even if your restraining order is permanent.
Restraining orders are court orders that forbid someone from interacting with another person. Whether it’s in-person, digitally or over the phone, the restrained person is prohibited from contacting the protected person for a definite amount of time.
Although the laws vary from state to state, restraining orders are relatively easy to obtain. Unfortunately, for this reason, they’re not always warranted and can debilitate the lives of those who are actually innocent. If you or someone you know wants to remove an old restraining order, understand that not all hope is lost. We’ll discuss how to file a restraining order, as well as how to get one removed.
Please note: This article is not a substitute for legal advice. Contact an attorney to obtain legal counsel that’s specific to your case.
Photo by rawpixel on Unsplash
How to Get a Restraining Order?
Restraining orders are very common in cases of domestic 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 sort of rationale in order for a restraining order to be granted. In Colorado specifically, individuals seeking a restraining order must prove that their life is in immediate danger to be granted a restraining order.
If a person wants to get a restraining order, s/he must file a formal request (known as a petition) with their local court. The filing process may require certain criteria be met for making such a request, including the necessary fees to file a petition.
Once the court approves the request, the restraining order will be made temporary by default. This 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, the protected party and the restrained person will be required to attend a hearing to make the restraining order permanent. This will be a chance for the restrained to make his or her case as to why the order should not be made permanent. The judge will hear the case, then make a decision.
Once a restraining order is granted, the restrained person is not permitted to contact the protected person (or persons) in any way, shape or form. This includes sending flowers or gifts and usually prohibits the restrained person from maintaining a specific distance from the protected person.
Consequences for restraining order violations are different in each state but typically result in a hefty fine and jail time.
How to Remove a Restraining Order?
A permanent restraining order can be removed by the protected person by filing a new petition with the court. However, removing a restraining order does not come without consequence: Judges are very leery of lifting restraining orders in order to guard the best interests of the protected party. Removal of a protection order could potentially result in harm to the protected individual, so the process is approached with the utmost caution.
The restrained person can also petition to remove a permanent restraining order; however, this process is extremely difficult and there are strict requirements that must be met in order for this to happen. These requirements may vary from state to state, but typically include:
- Time – A certain amount of time must have passed since the restraining order was issued.
- Criminal record – The restrained person must not have been convicted of any misdemeanors or felonies relating to the petitioner since the restraining order was implemented. The restrained person also must complete a criminal background check.
- Reason – The restrained person must give rationale as to why the order should be lifted.
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 have a huge impact on you for the rest of your life.
- Colin Bresee is an experienced Colorado criminal defense lawyer with roughly 20 years of experience under his belt. If you have an old restraining order that you want removed, call 303-647-4439 to schedule a free consultation
By Shannon Lynch
Richard said
Hello I have a restraining order against me in Colorado Springs colorado. It was issued in 2013, I since then have obeyed what the courts have told me to do and have obeyed by the rules. I have moved out of Colorado and am never returning back to the mid west. Need advice on how to get it removed and my life back so I can take my juvenile children hunting. I have not been in any other trouble .
Colin said
You are going to have to request the court lift the restraining order. You can do this by filing a motion on your own or hiring a lawyer to take care of the issue for you. Please contact our office for more information.
Donna said
Your article doesn’t address removal of Temporary restraining orders(civil). Accuser never showed in court (because they lied on the order and knew they couldn’t prove anything) and the order was dismissed by the judge. How does the wrongly accused get the TEMPORARY order removed from his record?! It’s appalling that anyone can lie to get an order and then the wrongly accused now has a mark on a background check. Is there a way around this??? The judge actually told the accused that he would have been better off getting arrested because then they could have sealed the record. Are you kidding me??
Colin said
We have never had that happen. I believe it is just like sealing a record. You will have to contact that court and ask what their specific procedures are. Please contact our office for more information.
Otis said
Good Afternoon,
I had a restraining order filed against me in 1985. It was unjust during a time of separation. I was fighting for custody of my children and paying financial support. The restraining order happened in Pennsylvania Commonwealth court and I ended up with my children. Can I have the restraining order taking off my record?
Thanks
Colin said
I do not know anything about the laws in Pennsylvania. You will have to contact an attorney in Pennsylvania and ask them this question. Thank you and good luck.
Steve said
I had a two restraining orders issued in 2007 by my ex wife and her lover at the time…it was done for spite. Our kids are grown and now I have a grand son…but every time my ex and her lover show up…I have to leave. BTW, I’ve never met the lover yet I’m required to “stay away”? Anyways…nothing has ever happened other than them using it to make me leave with impunity. They have violated the order several times…attempting communication and even visiting my home… I moved to the next county (Weld from Larimer)…they moved also…to the same county!
This is now ridiculous…They have NO fear of me, in fact it’s ME who’s afraid of them. This is now being used purely to spite. I am legally disabled and tired of this “game”. Can I get it removed…or do I just tell my kids to stop inviting me to get togethers that she is SURE TO CRASH???
Colin said
This is a relatively complex answer. The short answer is that after two years you can petition the court to remove the restraining order. It would be up to the restrained party (your ex) to prove that there is still a reason for the protection order. This is a fairly complex process. Please contact our office so we may better advise you on this process and your unique case.
Categories
Criminal Defense Practice Areas:
p: 303-377-0100
f: 303-534-0400
e: colin@bresee.com