(1) Any
order granted pursuant to section 13-14-105 (1)(c) or (1.5) terminates whenever a
subsequent order regarding the same subject matter is granted pursuant to the
Uniform Dissolution of Marriage Act, article 10 of title 14; the Uniform Child-custody Jurisdiction and Enforcement Act, article 13 of title 14; or the Colorado
Children's Code, title 19.
(2) (a) Nothing in this article precludes 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.
(b) 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
the motion was granted, a motion to modify or dismiss may not be filed by the
restrained party within two years after issuance of the permanent order or after
disposition of the prior motion.
(3) (a) (I) Notwithstanding any provision of subsection (2) of this section to
the contrary, after issuance of the permanent protection order, if the restrained
party has been convicted of or pled guilty to any misdemeanor or any felony against
the protected person, other than the original offense, if any, that formed the basis
for the issuance of the protection order, then the protection order remains
permanent and must not be modified or dismissed by the court.
(II) Notwithstanding the prohibition in subsection (3)(a)(I) of this section, a
protection order may be modified or dismissed on the motion of the protected
person, or the person's attorney, licensed legal paraprofessional, parent or legal
guardian of a minor, or conservator or legal guardian if one has been appointed;
except that this subsection (3)(a) does not apply if the parent, legal guardian, or
conservator is the restrained person.
(b) A court shall not consider a motion to modify a protection order filed by a
restrained party pursuant to paragraph (a) of this subsection (3) unless the court
receives the results of a fingerprint-based criminal history record check of the
restrained party that is conducted within ninety days prior to the filing of the
motion. The fingerprint-based criminal history record check must include a review
of the state and federal criminal history records maintained by the Colorado bureau
of investigation and federal bureau of investigation. The restrained party shall be
responsible for supplying fingerprints to the Colorado bureau of investigation and
to the federal bureau of investigation and paying the costs of the record checks.
The restrained party may be required by the court to provide certified copies of any
criminal dispositions that are not reflected in the state or federal records and any
other dispositions that are unknown.
(4) Except as otherwise provided in this article, the issuing court retains
jurisdiction to enforce, modify, or dismiss a temporary or permanent protection
order.
(5) The court shall hear any motion filed pursuant to subsection (2) of this
section, except for a motion that does not comply with subsection (3)(b) of this
section. The party moving for a modification or dismissal of a temporary or
permanent protection order pursuant to subsection (2) of this section shall affect
personal service on the other party with a copy of the motion and notice of the
hearing on the motion, as provided by rule 4 (e) of the Colorado rules of civil
procedure. The moving party bears the burden of proof to show, by a
preponderance of the evidence, that the modification is appropriate or that a
dismissal is appropriate because the protection order is no longer necessary. If the
protected party has requested that the protected party's address be kept
confidential, the court shall not disclose such information to the restrained party or
any other person, except as otherwise authorized by law.
(6) In considering whether to modify or dismiss a protection order issued
pursuant to this section, the court shall consider all relevant factors, including but
not limited to:
(a) Whether the restrained party has complied with the terms of the
protection order;
(b) Whether the restrained party has met the conditions associated with the
protection order, if any;
(c) Whether the restrained party has been ordered to participate in and has
completed a domestic violence offender treatment program provided by an entity
approved pursuant to section 16-11.8-103, C.R.S., or has been ordered to participate
in and has either successfully completed a sex offender treatment program
provided by an entity approved pursuant to section 16-11.7-103, C.R.S., or has made
significant progress in a sex offender treatment program as reported by the sex
offender treatment provider;
(d) Whether the restrained party has voluntarily participated in any domestic
violence offender treatment program provided by an entity approved pursuant to
section 16-11.8-103, C.R.S., or any sex offender treatment program provided by an
entity approved pursuant to section 16-11.7-103, C.R.S.;
(e) The time that has lapsed since the protection order was issued;
(f) When the last incident of abuse or threat of harm occurred or other
relevant information concerning the safety and protection of the protected person;
(g) Whether, since the issuance of the protection order, the restrained
person has been convicted of or pled guilty to any misdemeanor or any felony
against the protected person, other than the original offense, if any, that formed the
basis for the issuance of the protection order;
(h) Whether any other restraining orders, protective orders, or protection
orders have been subsequently issued against the restrained person pursuant to
this section or any other law of this state or any other state;
(i) The circumstances of the parties, including the relative proximity of the
parties' residences and schools or work places and whether the parties have minor
children together; and
(j) Whether the continued safety of the protected person depends upon the
protection order remaining in place because the order has been successful in
preventing further harm to the protected person.