Can A Permanent Restraining Order Be Dismissed?
Generally a permanent protection order is just that, permanent. However, Colorado law does have a provision allowing the restrained party to petition the court to modify or dismiss a permanent restraining order no less than 4 years after it was issued. The court will examine the record very carefully and make a cautious decision before allowing a permanent restraining order to be modified or dismissed.
Some of the factors the court will look at are the protected person’s position, the original accusations, if any contact has been made since the protective order was issued, if the restrained party has been convicted of a domestic violence related misdemeanor other than any misdemeanor conviction that may have entered based on the accusations underlying the protection order, any felony conviction, the amount of time that has elapsed, etc.
An attorney can evaluate the record, facts, findings and current status to help determine if the dismissal of a protection order is viable.