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Ask Barrister Your Own Question

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22439
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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I give got a permanent restraining order against me, when can

Customer Question

I give got a permanent restraining order against me, when can I appeal it?
Submitted: 3 years ago.
Category: Legal
Expert:  Barrister replied 3 years ago.

Hello,

.

If you are the person restrained by the Order - to file a Motion to Modify or Dismiss a Protection Order with the Court, four years must have passed after issuance of the Permanent Protection Order.

.

The law can be found at Colorado Revised Statute Section 13-14-102, C.R.S.

Section 13-14-102 (17.5(a) - Civil protection orders ( removal )....
(17.5) (a)

Nothing in this section shall preclude the protected party from applying to the court at any time for modification, including but not limited to a modification of the duration of a protection order, or dismissal of a temporary or permanent protection order issued pursuant to this section. The restrained party may apply to the court for modification, including but not limited to a modification of the duration of the protection order, or dismissal of a permanent protection order pursuant to this section.

.

However, if a permanent protection order has been issued or if a motion for modification or dismissal of a permanent protection order has been filed by the restrained party, whether or not it was granted, no motion to modify or dismiss may be filed by the restrained party within four years after issuance of the permanent order or after disposition of the prior motion.

.

.

thanks

Barrister

 

.

 

.

There may be a time lag between my replies as I am typically working with several customers at any given time, but rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

Customer: replied 3 years ago.
is it possible to appeal the order if you move to another state?
Expert:  Barrister replied 3 years ago.

Not in the new state. The state that issued it would retain "original jurisdiction" over the case and it could only be challenged in that state after 4 years have expired since its entry.

.

.

thanks

Barrister

 

.

 

.

There may be a time lag between my replies as I am typically working with several customers at any given time, but rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

Customer: replied 3 years ago.
do I have any legal options in the meantime?
Expert:  Barrister replied 3 years ago.

Unfortunately, the law is pretty clear that you have to wait until the 4 year limit is up. The only other way it could be dismissed would be if the other party moved to voluntarily do so. But since the PPO presumably prevents you from contacting the other party, they would have to decide to do so on their own accord.

.

Keep in mind that a PPO is a one way prohibition. It prevents you from contacting the other party, but not them from contacting you. So if the other person contacts you, there is no violation. But if you return a call, email, text, letter, etc. then you are in violation and can be criminally prosecuted. So make sure you don't return any contact or you can be held liable.

.

.

thanks

Barrister

 

.

 

.

There may be a time lag between my replies as I am typically working with several customers at any given time, but rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

Customer: replied 3 years ago.
will the order show up on background checks?
Expert:  Barrister replied 3 years ago.

Yes, since it is an order of the court, it would show up on a background check.

 

.

thanks

Barrister

 

.

.

There may be a time lag between my replies as I am typically working with several customers at any given time, but rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

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