Do you have an old restraining order that you want to have removed? Here’s how to do it, even if your restraining order is permanent.
What is a Permanent Protective Order in Colorado?
Restraining orders (also known as permanent protective 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 specified amount of time. They can be temporary or permanent.
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.
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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 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.
Protective orders are intended to protect individuals from a variety of actions, including:
- Domestic violence
- Colorado Stalking (Vonnie’s Law)
- Harassment
- Contact
- Threats
- Intimidation
- Cyberstalking
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 to 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 requires the restrained person to maintain 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.
Prohibited Actions Under a Colorado Restraining Order
The purpose of a protective order is to protect an individual from someone else. This means contact will be limited or completely forbidden, depending on the specific circumstances of each unique situation. People who have a protective order placed against them may be prohibited from the following contact with the protected person:
- Contacting
- Harassing
- Injuring
- Intimidating
- Molesting
- Threatening
- Touching
- Stalking
- Sexual assault
- Abuse
- Entering or remaining on-premises
- Coming within a specified distance of a protected person or premises
- Taking, harming, or threatening harm to an animal
Of course, in this technologically driven era, judges are also mindful of contact that could be performed through digital channels. As such, Colorado law has been updated to prohibit digital contact under restraining orders, as well. This means the restrained person will likely be prohibited from contacting the protected person through most types of online contact spaces, including social media platforms. Prohibited digital contact can include the following channels:
- Phone calls
- Text messages
- Instant messages
- Snapchat
- Tumblr
- Kik
- Skype
- LINE
- TikTok
How to Remove a Restraining Order
The protected person can remove a permanent restraining order 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 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 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 a rationale as to why the order should be lifted.
In Colorado, to lift a permanent restraining order, the restrained person must supply his or her fingerprints to the Colorado Bureau of Investigation and the FBI. That person must also pay the cost of a criminal history record check. If the court doesn’t receive the results of a criminal history 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 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 to be 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.
Terry said
I have a 20 year old restraining order I would like to have dropped
Sarah said
It is 7 months into a 1 yr restraining order & I would like to have the restraining order lifted from my accuser. Are there any past or future court costs that go with the motion to remove the restraining order?
Sheila Ruston Perth W. A said
How do you find out if a restraining order of 10yrs is finished I am asking on behalf of a friend the person that put the restraining order on him wants to know if the order has finished or is it a trap thank you
Colin said
Our office has reached out to you via e-mail. Thank you.
Renee said
Hi my name is Renee I have had a restraining order on me since 2009. I am wanting to go back to work and the restraining order is not going to let me.i was a corrections officer. I got divorced and this is why I need it removed. The girl no longer lives in Trinidad Colorado I never had any disscrepinses so I hope this is not going to haunt me.
Colin said
A permanent restraining is just that permanent. In order to make it go away, the Colorado law requires you to file a petition to remove a permanent restraining order along with a FBI and separate Colorado Bureau of Investigations background checks to prove you are eligible. I suggest you call a competent lawyer in Colorado to discuss ASAP.
Thank you
M. Colin Bresee
Peter Quinn said
i had one 23yrs ago in the state of Missouri,is it still on file were a person can look up your past and find it.
Colin said
A permanent restraining is just that permanent. In order to make it go away, the Colorado law requires you to file a petition to remove a permanent restraining order along with a FBI and separate Colorado Bureau of Investigations background checks to prove you are eligible. I do not know the law in Missouri to remove a restraining order but suggest you call a competent lawyer in Missouri in that county to discuss ASAP.
Thank you
M. Colin Bresee
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