When it comes to issues surrounding family, love, money, and custody of children (just to name a few), tensions can run high. Sometimes incidents occur that lead to the issuance of a restraining order.
At some point down the road that the restraining order is (hopefully) no longer needed. This is not unheard of in courts in Colorado, which is why there is a process for having a restraining order lifted.
Here’s what you need to know about restraining orders and how you should go about having one lifted when the time is right.
What Is a Colorado Restraining Order?
In Colorado, restraining orders are also called protective orders. They are issued by courts to prohibit contact between parties to protect them from further harm. The court issues the order to protect the victim from an adverse party named in the order.
Restraining orders are normally issued as the result of domestic violence. They can also be issued due to:
- Abuse of an at-risk or elderly adult
- Physical assault
- Sexual assault
- Physical threats
- Unlawful sexual contact
These orders are unique to each case but typically include provisions that state that the adverse party may not contact the victim through social media, at certain locations, or through visitation of children, and they cannot transfer or sell certain assets while the order is active.
When Should a Restraining Order Be Lifted?
Restraining orders can have a big impact on the lives of those involved in a variety of ways, which is why it becomes apparent at certain points that it’s time for the order to be lifted.
If the restraining order was put in place to protect someone going through a divorce, for example, when the divorce goes through the courts it may cause difficulty through the divorce proceedings.
That’s just one example of when a restraining order can do more harm than good. You may find that you want to lift the order due to divorce or when children are involved.
In order for the divorce to proceed, you may need to have a restraining order lifted. That’s because it’s vital to be able to communicate through attorneys and in court in order to work out the details of the divorce.
If children are involved in restraining orders, it can create conflict between the child and the parent who is barred from seeing them. In this case, the court can be petitioned to lift the order so that one parent can communicate and visit with his or her children to establish a more normal relationship.
How to Lift the Restraining Order
There are two ways to lift a restraining order. One involves the victim petitioning the court for the lift while the other involves the defendant asking the courts to lift the order.
Usually, a motion called a Motion to Lift a Restraining Order or a Motion to Modify Conditions of Pretrial Release is filed with the court.
This motion identifies the parties involved and asks the victim to agree to the lifting of the order because they are no longer afraid of the defendant and does not think any more violence will occur as a result.
If one party is opposed to lifting the order, then the motion must clearly identify why it should be lifted and a hearing set up for a judge to hear the arguments for the lifting of the order.
If you are under a restraining order, there are ways to have it removed. Understand your rights in the situation so you can make sure they’re not being eroded. For experienced legal advice on terminating your Colorado restraining order, help is just a click away.
About the Author:
Kimberly Diego is a criminal defense attorney in Denver practicing at The Law Office of Kimberly Diego. She obtained her undergraduate degree from Georgetown University and her law degree at the University of Colorado. She was named one of Super Lawyers’ “Rising Stars of 2012 & 2019” and a “Top 100 Trial Lawyers in Colorado” for 2012-2020 by The National Trial Lawyers. Both honors are limited to a small percentage of practicing attorneys in each state. Additionally, Expertise names her to its lists of the 25 Best Denver DUI Lawyers and 21 Best Denver Criminal Defense Lawyers, both in 2020. Ms. Diego has also been recognized for her work in domestic violence cases.