Modification of Civil Protection Orders

What do you do if you have received a permanent civil protection order and want to change it? A permanent protection order is just that; permanent. However, there are actions that you or the protected party can take the have the order rescinded or modified. Absent these actions the order will remain permanent. Because the retrained party can not speak with the protected party without violating the protection order, he or she will have to hire an attorney to communicate because communication through third parties violates the protection order. Conferral is necessary with the other party prior to filing a motion to modify. This means that the person wanting to change the order has to know what the protected person’s position on the change is. An attorney is permitted to contact the spouse as a legal representative however, without violating the order.

Protection orders come with many restrictions and generally require the restrained person to refrain from:

• Coming within a certain distance of the protected party and his or her home,
• Entering locations where the protected party is likely to be found
• Communicating with the protected party
• Possessing firearms

The Protected Party can request modification of the order at any time and can request that the protection order be dismissed or that the length of time or restrictions in the order be modified. The restrained person can request modification two years after the order has been imposed, as long as he or she has not been convicted of a new offense against the protected party and must submit a criminal records report with the request. The motion has to be personally served and can be done so by a private process server, the county sheriff’s office or a person over the age of 18 who is not a party to the action.

There are a variety of factors that the court is required to consider before acting on a motion to modify or dismiss a protection order:

• Whether the restrained person has complied with the protection order
• Whether the restrained person has undergone domestic violence treatment
• How long ago the order was issued
• The timing of the last domestic violence incident
• Whether the restrained person has committed any further acts of violence against the protected party
• Whether any other protection orders have been issued against the restrained person, and
• Whether the protection order remains necessary to protect the safety of the protected party

How can an attorney help with a Colorado Springs protection order? An attorney can assist you in protection order matters by helping you navigate through legal challenges. Determining how the court will view a legal situation can be difficult for those without an in-depth knowledge of the law.

A Colorado Springs divorce and family law attorney can guide you through divorce by negotiating, mediating and litigating. This allows you to focus on moving forward to a better future rather than on spending your time trying to figure out the overly complex court system. Contact us at 719-344-5523 or complete our online form to set up a free thirty-minute informational consultation.