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Can I get a protective order against me dismissed?

| Feb 3, 2021 | Criminal Defense |

Even permanent civil protective orders in Colorado may not last forever. The function of a protective order is to mitigate conflict, but if you received a protective order against you in the past, and there is no longer risk of conflict between you and the other party, you may be able to have a court remove the order. 

In most cases, Colorado law allows you to petition the court to remove your protective order after two years from the issue date. 

Who can get a dismissal

If you have a Permanent Protection Order against you, it is essential that you avoid violations of the order, or you may risk having it become ineligible for modification or dismissal. If you get a subsequent conviction against the other party, Colorado law blocks modifications and dismissals in perpetuity in most cases. 

If you hope to get a dismissal, you will need to be able to demonstrate to a judge that a dismissal is appropriate. Collect all evidence you have showing that a protective order is no longer necessary. 

This may include evidence of a clear criminal record, evidence of good behavior or any evidence showing that you have been living peacefully or independently since the issuance of the order. 

How to get a dismissal

If you hope to get a dismissal, you will need to take a few actions before petitioning the court for a hearing. In addition to collecting evidence showing that the order is no longer necessary, you will need to obtain a fingerprint-based criminal history and provide it to the court with the appropriate files. You are also legally responsible to provide the court with any criminal dispositions that do not show up on the background check. 

Once you receive a hearing date from the court, you will need to serve the other party with the appropriate paperwork notifying them of your action to dismiss the protective order. The other party has the right to respond and may choose to oppose or assist your dismissal. 

Ultimately, the decision about whether a dismissal or modification is appropriate is up to the judge.