Can you remove restraining order

The court will set a hearing 10 days after the date of filing. Both parties named in the restraining order must appear at the hearing, where a judge will hear arguments and issue a decision in the form of an approval, partial approval, or denial of the modification. Petitioning to remove or modify a restraining can be a difficult process to navigate without the assistance of an experienced attorney.

From handling important legal documents to representing you in court, a skilled attorney can use their extensive knowledge to devise a strong legal strategy for your case and ensure your best interest are protected throughout the legal process. They can make sure you filled it out properly before you file your response. The clerk will keep the original and return the copies to you.

Serve your papers on the other party. Have someone NOT you serve the other party with a copy of your Responsive Declaration to Request for Order Form FL and any other papers you attached at least 9 days before the hearing, unless the court ordered a different time for service check the Request for Order Form FL for this information. You can have this form served on the other party before the clerk stamps it — just make sure you do not serve the original.

Have the server person who served your papers fill out a proof of service form. Next, you must file the Proof of Service with the clerk. If you had the other party served with an unstamped copy of the Responsive Declaration, you can file the original of the Responsive Declaration and attachments together with the Proof of Service.

Keep this order with you at all times. It is your new restraining order. That way, police across the country will know the order was changed or ended. Skip to main content Skip to topics menu Skip to topics menu. Cancel Print. Advanced Search. This includes sending flowers or gifts and usually requires the restrained person to maintain a specific distance from the protected person.

Consequences for restraining order violations are different in each state but typically result in a hefty fine and jail time. The purpose of a protective order is to protect an individual from someone else. This means contact will be limited or completely forbidden, depending on the specific circumstances of each unique situation.

People who have a protective order placed against them may be prohibited from the following contact with the protected person:. Of course, in this technologically driven era, judges are also mindful of contact that could be performed through digital channels.

As such, Colorado law has been updated to prohibit digital contact under restraining orders, as well. This means the restrained person will likely be prohibited from contacting the protected person through most types of online contact spaces, including social media platforms. Prohibited digital contact can include the following channels:. The protected person can remove a permanent restraining order by filing a new petition with the court.

However, removing a restraining order does not come without consequence: Judges are very leery of lifting restraining orders to guard the best interests of the protected party. Removal of a protection order could potentially result in harm to the protected individual, so the process is approached with the utmost caution. If everything remains the same, then it is unlikely that the court will be willing to remove or vary the restraining order.

A change or circumstances is case specific and so each case will be determined on its own merits. In applying to remove or to vary a restraining order, an application must set out what material circumstances have changed, and why the restraining order should be revoked or varied. The person applying to remove or vary the order must notify the court and prosecutor of the evidence that they seek to rely on.

An application to revoke or vary a restraining order may be decided without a hearing. The Court however may only do so if the applicant has been given an opportunity at least 14 days to make representations whether or not they attend a hearing including giving parties an opportunity to make representations as to whether there should be a hearing or not. If there is to be a hearing to decide the matter, all parties concerned must be given notice of the hearing. We will be able to prepare all the evidence that is required to submit to the court and prosecutor to secure the removal or amendment of a restraining order.

If a court hearing is required, we will be able to provide you with expert representation to ensure your evidence is present to the court in the best possible light. We will also be able to expertly cross examine any witnesses if required. It is important that an application to remove or vary a restraining order is made correctly. If an application is made incorrectly, or is not properly prepared, the court will be unsympathetic to your application. Please get in touch to discuss any issues you are having with a restraining order.

If you feel that there has been a change of circumstances in your case, and that your restraining order is no longer appropriate or fair, then please get in touch. Equally if you were the complainant in the case, and you would like the restraining order to be removed, perhaps because it relates to a family member or friend, then please get in touch.

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