Restraining Orders

The respondent can apply to the court for a modification, asking the judge to shorten or dismiss a permanent protection order.¹ Then there would be a hearing, where you can be present, during which the respondent would try to prove why the modification is appropriate or why 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.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 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 your safety and protection;
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 you, other than the original offense that formed the basis for the issuance of the protection order;
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 your continued safety depends upon the protection order remaining in place because the order has prevented additional harm to you.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)