Colorado Order Vacating Restraining Order
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How to fill out Colorado Order Vacating Restraining Order?
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FAQ
To ask a court to set aside (cancel) a court order or judgment, you have to file a request for order to set aside, sometimes called a motion to set aside or motion to vacate. The terms set aside or vacate a court order basically mean to cancel or undo that order to start over on a particular issue.
Vacating an order means it is no longer in effect. If the only thing keeping you apart was the order then it certainly sounds like you can be together.
The protected person can remove a permanent restraining order by filing a new petition with the court.
A civil protection order does not automatically expire. That does not necessarily mean it is permanent, however. Either the protected party, or the restrained party, may seek to modify a restraining order pursuant to C.R.S. 13-14-108(2).
Therefore, if you were issued with a restraining order, section 5(4) of the Protection Act 1997 permits you to apply to the court to have an order discharged. If you intend to apply to the court to revoke or vary a restraining order, you will need to prove that a change of circumstances has occurred.
How long does a restraining order last in Colorado? A temporary protective order generally lasts for up to 14 days, until the court holds a hearing on making the protective order permanent. However, a temporary protection order can be continued for up to one year, upon a finding of good cause by the judge.
4. How long does a restraining order last in Colorado? A temporary protective order generally lasts for up to 14 days, until the court holds a hearing on making the protective order permanent. However, a temporary protection order can be continued for up to one year, upon a finding of good cause by the judge.
Protective orders can be vacated, or dismissed, when there is no longer a threat of domestic violence. The abuser must file a motion to have the protective order vacated.
Explain your position to the judge. Since it's your motion, the judge typically has you speak first. Using your notes, tell the judge in your own words why you want the no-contact order dropped.