In Colorado, a protection order, also known as a restraining order, is typically issued by a court to protect a person (the petitioner) from another individual (the respondent) who is perceived as a threat or has engaged in harmful behavior. If you are the petitioner and you wish to have a protection order dropped or dismissed, you can follow these general steps:
- Consult an Attorney:
- Before taking any action, it’s strongly recommended that you consult with an attorney who specializes in family law or domestic violence issues. An attorney can provide legal advice tailored to your specific situation and guide you through the process.
- Review the Protection Order:
- Carefully review the terms and conditions of the protection order to understand what restrictions or requirements it imposes on both parties.
- Contact the Court Clerk:
- Contact the clerk’s office at the court that issued the protection order. You can find the contact information on the protection order itself or on the court’s website. Inform the clerk that you wish to have the order dropped.
- Complete the Necessary Forms:
- The court may require you to complete specific forms to request the dismissal of the protection order. These forms may include a “Motion to Modify/////////////////////////////////////////////////////////////////////////////Dismiss Protection Order” or similar documents. Obtain these forms from the court clerk or the court’s website.
- Explain Your Request:
- In the motion form, provide a clear and concise explanation of why you believe the protection order should be dropped. Be prepared to present valid reasons, such as changed circumstances or reconciliation with the respondent.
- File the Motion:
- Submit the completed motion form to the court clerk’s office. Be sure to keep a copy for your records. There may be a filing fee associated with this process.
- Serve Notice to the Other Party:
- In most cases, you will be required to serve notice of the motion to the respondent. Follow the court’s guidelines for proper service, which may include personal service by a process server or law enforcement officer.
- Attend the Hearing:
- The court will schedule a hearing to review your motion. Attend the hearing on the designated date and time. Be prepared to present your case and explain why the protection order should be dropped.
- Follow Court Orders:
- If the court grants your request and dismisses the protection order, be sure to comply with any conditions or instructions provided by the court. This may include removing any copies of the order or restrictions that were in place.
- Obtain Proof of Dismissal:
- Once the protection order is dropped, request a copy of the court’s order of dismissal for your records.
It’s important to note that the decision to drop a protection order ultimately rests with the court, and the court will consider the safety and well-being of all parties involved. The court will assess the merits of your request and the potential risks before making a decision.
If you are the respondent in a protection order case and believe it should be dropped, it’s also advisable to consult with an attorney who can help you navigate the legal process and present your case effectively to the court.