How to Modify a Permanent Protection Order
If a Judge has granted a permanent civil protection order, the next logical question is whether there is any opportunity for termination or modification. The procedure for modification is dictated by statute at C.R.S. § 13-114-108. A restrained party may modify or terminate a protection order in two ways.
The first way is to secure a subsequent order from the district court. This occurs when there is a separate dissolution of marriage or allocation of parental responsibilities actions. For example, if the protected party in a divorce action is the wife, and the district court in the divorce matter enters an order allowing contact between the husband and wife, that order will supersede the civil protection order.
Alternatively, a restrained party can apply to dismiss the protection order or to modify the duration. However, a restrained party cannot file any type of motion unless it has been two years after the issuance of the permanent protection order or two years since a previous motion was filed.
In considering whether the court will modify or dismiss a permanent protection order, the Court will review the following:
(a) Whether the restrained party has complied with the terms of the protection
order;
(b) Whether the restrained party has met the conditions associated with the
protection order, if any;
(c) Whether the restrained party has been ordered to participate in and has
completed a domestic violence offender treatment program provided by an entity
approved pursuant to section 16-11.8-103, C.R.S., or has been ordered to
participate in and has either successfully completed a sex offender treatment
program provided by an entity approved pursuant to section 16-11.7-103, C.R.S.,
or has made significant progress in a sex offender treatment program as
reported by the sex offender treatment provider;
(d) Whether the restrained party has voluntarily participated in any domestic
violence offender treatment program provided by an entity approved pursuant to
section 16-11.8-103, C.R.S., or any sex offender treatment program provided by
an entity approved pursuant to section 16-11.7-103, C.R.S.;
(e) The time that has lapsed since the protection order was issued;
(f) When the last incident of abuse or threat of harm occurred or other
relevant information concerning the safety and protection of the protected
person;
(g) Whether, since the issuance of the protection order, the restrained person
has been convicted of or pled guilty to any misdemeanor or any felony against
the protected person, other than the original offense, if any, that formed the
basis for the issuance of the protection order;
(h) Whether any other restraining orders, protective orders, or protection
orders have been subsequently issued against the restrained person pursuant to
this section or any other law of this state or any other state;
(i) The circumstances of the parties, including the relative proximity of the
parties’ residences and schools or work places and whether the parties have
minor children together; and
(j) Whether 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.
Finally, the protected party may apply for modification at any time.
If you or someone you know have any questions about civil protection orders, the team of lawyers at Kalamaya | Goscha are always ready to assist.