Can the terms of a permanent restraining order be modified?
The answer to this question is “yes.” However, the standards and circumstances differ depending on whether the protected or restrained person is the one seeking the modification. Our firm takes each restraining order case very seriously, whether on its own, or in a Denver custody or divorce case. There is no greater area of concern than your personal safety and that of your children. Courts take this view as well. As such, the standards for modification of a protection order are more rigorous that those related to other aspects of the law.
Pursuant to C.R.S. 13-14-102 (17.5)(a), Colorado restraining orders can be modified essentially any time by the protected party. However, the restrained party is limited to seeking a modification of the terms either four years after the order was originally entered, or four years after the last request to modify was ruled on. This can include provisions regarding protection of the parties’ children. Once permanent provisions are entered protecting a child, the restrained parent is divested of the normal modification procedures set forth in the domestic relations statutes and will have to wait at least four years to seek changes. When looking at modification of a restraining order, a court will look at certain factors, including:
Whether the restrained person has complied with the original order
Whether the restrained person has voluntarily engaged in domestic violence or anger management classes
The length of time since the original restraining order was issued
Changes in location or proximity of the parties
Whether the restrained party has been convicted of any new crimes of violence
Whether there have been any new restraining orders issued against the restrained person
Of course, the concerns of the protected person will also be a factor and she, or he, will have the chance to respond to any motion to modify. The standards for modifying a restraining order are heightened due to the stakes being high and safety being a true issue.
His passion and ferocity kept me going through this long ordeal. When I first came to Plog & Stein it was simply discuss the renegotiation of child support. Little did I know that within 72 hours I would be retaining Steve Plog for a custody battle. His passion and ferocity kept me going through this long ordeal. I have recommended him to my friends and I would recommend him to anyone with who wants honest and effective representation. Carolyn
I recommend Sarah and the attorneys at Plog & Stein to anyone that has these types of family issues and need strong, knowledgeable representation. I am thankful for the job Sarah McCain did for me in my fight with my ex-wife for visitation rights with my daughter. Sarah and the team at Plog & Stein handled my case in an efficient, affordable, and professional manner. Sarah negotiated a new parenting plan as well as acceptable visiting rights and even a favorable modification in my child support. I recommend Sarah and the attorneys at Plog & Stein to anyone that has these types of family issues and need strong, knowledgeable representation. Tom
At the end of the day he was able to produce a settlement that was fair to both parties. I highly recommend Stephen Plog for anyone in need of a top notch domestic relations attorney. After a 27 year marriage, Stephen represented me in a complicated and sometimes bitter divorce with many unique challenges. At the end of the day he was able to produce a settlement that was fair to both parties but limited my alimony payments to only 3 years. He is smart, cuts to the chase, knows the court system in the Denver metropolitan area and can be trusted to get his clients the best possible settlement. Neal
Their service was outstanding, with prompt responses to all of my questions. Sarah McCain and Plog & Stein were wonderful to me during such a difficult time in my life. Their service was outstanding, with prompt responses to all of my questions and creative ideas throughout the proceedings to help things go smoothly. Sarah's compassion, patience, and expertise were especially invaluable to me. I highly recommend them. Sandy
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We serve clients throughout the State of Colorado including, but not limited to, those in the following localities: Denver County including Denver; Arapahoe County including Aurora, Centennial, Greenwood Village, and Littleton; Broomfield County; Douglas County including Highlands Ranch, Parker, Castle Rock, and Franktown; Jefferson County including Lakewood, Arvada, Wheat Ridge, and Golden; Adams County including Brighton, Westminster, Northglenn, and Thornton; Boulder County; Elbert County including Elizabeth and Kiowa; El Paso County; Weld County; Larimer County.