Legal Information: Colorado

Restraining Orders

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March 11, 2022

Can the abuser ask the court to terminate my permanent protection order?

Possibly, yes, but whether or not the respondent will be successful depends on many factors. The respondent can apply to the court for a modification, including but not limited to, a modification of the duration of the protection order or dismissal of a permanent protection order.1 S/he must prove at a hearing (where you can be present) that the modification is appropriate or that a dismissal is appropriate because the protection order is no longer necessary.2 However, the respondent must wait two years after the permanent order was issued or after any prior motion by the respondent to modify or dismiss the order (regardless of whether or not the judge granted the prior motion).1

In considering whether or not to modify or dismiss a protection order, the judge will consider all relevant factors, including but not limited to:

  1. whether or not the respondent has complied with (followed) the terms of the protection order;
  2. whether or not the respondent has met the conditions associated with the protection order, if any;
  3. whether or not the respondent has been ordered to participate in, and has completed, a domestic violence offender treatment program or sex offender treatment program, or has made significant progress in a sex offender treatment program as reported by the sex offender treatment provider;
  4. whether or not the respondent has voluntarily participated in any domestic violence offender treatment program or any sex offender treatment program;
  5. the amount of time that has passed since the protection order was issued;
  6. when the last incident of abuse or threat of harm occurred or other relevant information concerning the safety and protection of the protected person;
  7. whether or not, since the issuance of the protection order, the respondent has been convicted of or pled guilty to any misdemeanor or any felony against the protected person, other than the original offense that formed the basis for the issuance of the protection order (see “note” below);
  8. whether or not any other restraining orders, protective orders, or protection orders have been issued afterwards against the respondent in any state;
  9. the circumstances of the parties, including how close the distance is between the parties’ residences, schools or work places, and whether or not the parties have minor children together; and
  10. whether or not the continued safety of the protected person depends upon the protection order remaining in place because the order has been successful in preventing further harm to the protected person.3

Note: If after the permanent protection order is issued, the respondent is convicted of any misdemeanor or any felony against you, other than the original offense that was the basis for the protection order, then the respondent can never modify or ask for dismissal of the permanent protection order.4

1 Colo. Rev. Stat. § 13-14-108(2)(b)
2 Colo. Rev. Stat. § 13-14-108(5)
3 Colo. Rev. Stat. § 13-14-108(6)
4 Colo. Rev. Stat. § 13-14-108(3)(a)(I)

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