Modification of a Protective Order

modification of protective order, domestic violence, restraining order

While a protective order does not expire, it is not necessarily written in stone. After issuance, either the protected party, or the restrained party, may seek to modify it. It’s easier for the protected party!

Modification by Protected Party

The Protected Party may seek modification of the order at any time. Modifications can include how long the protection order remains in place, what places the restrained party is prohibited from going to and the dismissal of the temporary protection order. C.R.S. 13-14-108(2)(a).

Modification by Restrained Party

The Restrained Party may seek the modification or termination of a permanent protection order, as long as subsequent to issuance of the order he/she was not convicted of a new offense against the protected party, nor plead guilty to one (i.e. received a deferred sentence). Note that a conviction after issuance of the order for conduct which formed the basis of the protection order does NOT preclude the restrained party from seeking modification.

Timeframe. Pursuant to C.R.S. 13-14-108(2)(b), the restrained party cannot seek modification or dismissal until at least two years after:

  • Issuance of the order, or
  • Filing of a prior motion to modify or dismiss by the restrained party, even if denied.

Requirements for Motion. The restrained party must file with his/her motion the results of a finger-based criminal history record check which includes both the Federal Bureau of Investigation (FBI) and the Colorado Bureau of Investigation (CBI) records within 90 days prior to filing. C.R.S. 13-14-108(3)(b).

The motion must be personally served on the protected party, pursuant to Rule 4(e) of the Colorado Rules of Civil Procedure. This can be done by a private process server, or the Civil Unit of the county sheriff’s office (click for information about the El Paso County Sheriff’s Office Civil Unit).

Factors for Modification of Protection Order

There are a variety of factors the court is required to consider before ruling on a motion to modify or dismiss a protective order filed by either party, including:

  • Whether the restrained party has complied with the terms of the protection order
  • Whether the restrained party has met the conditions imposed within the order
  • Whether the restrained party has undergone domestic violence or sex offender treatment
  • How much time has elapsed since the order was issued
  • When the last incident of harm against the protected party was
  • Whether the restrained party has been convicted of any offenses against the protected party since issuance
  • Whether the restrained party has had any other protection orders issued against him/her
  • The circumstances of the parties, including where they live, work, and whether they have children
  • “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.”

The restrained party must show by “preponderance of the evidence” (i.e. greater than 50/50) that modification or termination is appropriate.

Do You Need a Protection Order Lawyer in Colorado Springs?

The family law attorneys at Graham.Law have years of experience helping clients through the Colorado legal system. We know Colorado family laws, inside and out, from divorce to legal separation, from annulments to military divorce issues. And we know how to fight for restraining orders, or to defend them. For more information about our El Paso County family law firm, click on:

Colorado family law is all we do. Period.

Secondary Tag: