April 8, 2021
Modification and Termination of Civil Protection Orders in Colorado
The Modification or Termination of Civil Protection Orders in Denver under C.R.S. 13-14-108
If someone has previously requested, and the Court has previously issued a civil protection order against you, then you may be ready to try and have the order modified or terminated.
There are several reasons why someone would want to have an existing protection order, or PO, modified or dismissed.
First, depending on your situation and whether you have been convicted of violating the protection order previously, an individual charged with violating a protection order will be charged with either a Class 2 or a Class 1 misdemeanor. As such, that individual could be punished by up to 18 months in jail and/ or a significant fine. If the protection order is terminated then you no longer have to worry about this type of charge. If the protection order is modified then it might be modified in such a way that the likelihood of you having an issue here could be decreased considerably.
Further, an individual who has a PO against them is prohibited from purchasing firearms and/or ammunition. The dismissal of the PO can restore those second amendment rights.
Another major incentive for trying to have an existing PO modified or terminated is that many background checks will indicate whether a Protection Order exists. It may be in your interests to have it terminated so that future employers or landlords do not discover the PO and hold it against you.
With that in mind, there are several steps that must be taken and hurdles that must be cleared in order to have the Court consider a potential modification to, or dismissal of, an existing protection order.
Some of those steps include completing a finger-print based background check and serving the protected party with a copy of the Motion to Modify or Dismiss.
One of the most important hurdles to be addressed in determining whether you can move forward in your attempt to modify or terminate a protection order has to do with the amount of time that has passed since the issuance of the protection order.
The attorneys at the Law Office of Jacob E. Martinez are familiar with the different steps that need to taken and how to navigate through the hurdles one must overcome in order to file a Motion to Modify or Terminate a Civil Protection Order. Please call our office at (720)-252-5168 or contact us in order to set up a consultation and discuss how we might be able to help you in your matter.