Protection Order Modification, Termination and Enforcement
Protection orders can be modified or terminated under certain circumstances, as well as enforced. The protected party may request modification or termination of the PPO at any time. C.R.S. § 13-14-108(2)(a). However, the restrained party must wait at least two years before requesting a modification. Unless the protected party consents to a modification or a termination, the court must hold a hearing before modifying or terminating its previous order. The protected party must be personally served with the motion and notice of hearing. The legal standard for modification or termination requires proof by a preponderance of the evidence that the modification or termination is appropriate because the protection order is no long necessary. C.R.S. § 13-14-108(5).
A restrained party cannot request modification or dismissal of a protection order if he or she has been convicted of or plead guilty to any subsequent crime against the protected person. C.R.S. § 13-14-108(3)(a)(I). In that case, the protection order remains permanent. When determining whether to modify or dismiss a PPO, the court must consider several factors, including generally but not limited to:
- Whether the restrained party has complied with the order;
- Whether the restrained party has met any associated conditions;
- Whether the restrained party has completed a voluntary or court-ordered domestic violence offender treatment program, or completed or made progress in a sex offender treatment program;
- The time passage since the protection order was issued;
- When the last incident or threat of abuse or harm occurred;
- Whether the restrained person has been convicted of or plead guilty to any crime against the protected person since the order was issued;
- Whether any other protection orders have been subsequently issued against the restrained person;
- The circumstances of the parties, including the proximity of the parties’ residences
- and schools or workplaces and whether the parties have minor children together; and
- Whether the protection order should remain because it will likely prevent further harm C.R.S. § 13-14-108(6).
A restrained party who fails to comply with the protection order violates the order and may be held liable for contempt of court. C.R.S. § 13-14-107(1). In addition, the violation constitutes a crime that can be prosecuted. C.R.S. §18-6-803.5. Violation of a protection order is a class 2 misdemeanor. C.R.S. § 18-6-803.5(2)(a). Law enforcement officers may use “every reasonable means” to enforce a protection order. C.R.S. § 18-6-803.5(3)(a). As a practical matter, the protected party should always possess a copy of the protection order. If the restrained party is arrested, law enforcement must make reasonable efforts to notify the protected party. C.R.S. § 18-6-803.5(3)(d).
Any person who is a victim of a criminal act has the right to be heard, informed and present at all stages of the criminal process, as well as being informed of the court decision. Colo. Constitution Art. II, § l6A. The Victim Rights Act (VRA) is set forth in C.R.S. § 24-4.1-302.5. If a person is victim of a sexual assault, the victim is entitled to be notified if the sex offender requests removal from the sex offender registry, or is released or discharged from custody, paroled or escapes.Turning Change Into Opportunity in Colorado Springs
A knowledgeable and experienced divorce and family law attorney can guide you through Colorado Springs divorce and family law matters by negotiating, mediating and litigating. Give yourself the benefit of hiring one. This allows you to focus on moving on to a better future instead of spending your time attempting to navigate complex legal rules and procedures.
Sabra Janko from Janko Family Law is a knowledgeable and experienced attorney who protects your best interests and ensures that you are aware of your legal rights and obligations. Contact us at 719-344-5523 for a free 30-minute informational consultation or complete our online form.