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September 12, 2023READ THE POST
The state of Colorado allows those victims of domestic violence to protect themselves long-term from someone they consider to be abusive. That something is called a permanent protection order.
What is a permanent protection order, and is it possible to have it dropped if you are the person named in the order? That’s a tricky question, and there’s a lot to understand.
Read on to find out what you need to know about Colorado permanent protective orders and your options if you are the subject of one.
Permanent protective orders, sometimes called permanent restraining orders, are orders a judge grant that can last forever. However, judges can recall or modify a permanent order in certain circumstances.
They are to help protect a person from domestic abuse through coercion or violence. They also prevent behaviors such as stalking, unlawful sexual contact, physical assault, threats, sexual assault, or abusing someone at risk.
Before a permanent order is issued, a judge holds a hearing. There, the victim and the person named in the order can present evidence and have witnesses called.
For this type of protective order to be issued, the victim must be present at this hearingand request that the previously issued temporary protection order be made present. However, if the restrained party does not show up for this hearing, the judge can still issue a permanent protection order. This can only occur if the restrained party has been personally served with the temporary protection order, is aware of the court date, and fails to appear for the permanent protection order hearing. That makes it even more critical that the person who will be the subject of the order be aware of all that is going on with the case and be present to defend themselves.
If a permanent order is issued,
the restrained party will be served immediately in court with the new, permanent protection order. If they failed to appear, they will need to be served with the new order. This can be accomplished by a process server, the local sheriff, or anyone who is over the age of 18 and not a party to the case.
Permanent protective orders can be modified or canceled by the court, but two years must pass in the state before that is possible. The victim named in the order can ask the court to change or dismiss it at any time.
Courts are more likely to modify or dismiss orders if:
You can file a motion to dismiss or modify the order, but most judges will keep them in place until the criminal case connected with the order has concluded.
If you want an order dismissed or modified, it’s in your best interest to seek the help of a qualified attorney with experience in these matters. They can ensure you have all you need to make the best case possible to have the order dropped or modified and take a step toward getting your life back.
Remember, these orders are part of the public record, so that they will appear on a background check and in criminal records. Even if you are not convicted, the protective order still shows up and can impact your ability to do things such as secure housing or get a new job.
About the Author:
Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his clients’ rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.
Contact The Law Office of Andrew Bryant today for a free consultation concerning your criminal or family law case. You are just a click away from a top-rated and respected team with the experience and tenacity to ensure you get the best legal services offered in Colorado Springs – call or email now.