How to Get a Protection Order Dropped in Colorado

To get a protection order dropped in Colorado, you file a written motion in the court that issued the order, serve the other party, and attend a hearing where a judge decides whether the order should be modified or dismissed. The path is very different depending on which side you are on. A protected party can ask the court to end the order at any time. A restrained party has to wait at least two years after the order was issued and must submit a fingerprint-based criminal background check before the court will even look at the motion.¹

Who Can File, and When

If You Are the Protected Party

If the order was issued to protect you, you can move to modify or dismiss it at any time. No waiting period applies, no background check is required, and the court does not charge you a filing fee or service fee.²³

The court still has to check one thing before granting your request: whether the restrained party has been convicted of or pled guilty to any new misdemeanor or felony against you since the order was issued. If so, the court cannot dismiss the order, even if you are the one asking.²

If You Are the Restrained Party

You cannot file to modify or dismiss a permanent protection order until at least two years have passed since it was issued. If you filed a previous motion and it was decided (granted or denied), you have to wait another two years from that decision before filing again.¹

The two-year clock is not flexible. Filing early means the court rejects the motion. Use the waiting period to gather evidence, complete any court-ordered programs, and get your background check ready.

If Both Parties Agree

When both sides want the order changed or dropped, they can file a joint stipulation. The court uses Form JDF 397 for the motion itself, along with JDF 410 to modify or JDF 415 to dismiss.⁴ Agreement helps, but the judge still has discretion and can deny the stipulation if the agreement does not appear voluntary or does not serve the interests of justice.

The Fingerprint Background Check

If you are the restrained party, you cannot file the motion without a fingerprint-based criminal history check from both the Colorado Bureau of Investigation (CBI) and the FBI. The check must be conducted within 90 days before you file. Older results will not be accepted.⁵

Fingerprints go through one of two approved vendors, IdentoGO or Colorado Fingerprinting. CBI and FBI processing fees run roughly $39 to $40 combined, plus the vendor’s own fingerprinting fee.⁶ Processing takes weeks, so plan accordingly.

If anything on your record is inaccurate or missing a disposition, you are responsible for obtaining the correct records from the relevant court and attaching certified copies to your motion as exhibits.⁵

Filing the Motion and Serving the Other Party

Once you are eligible to file and have any required background check in hand, the process is straightforward.

Complete Form JDF 397 with the case number, both parties’ names, and a clear statement of what you want the court to do and why. Complete the caption on either JDF 410 (to modify) or JDF 415 (to dismiss). If you are the restrained party, attach the CBI and FBI results as Exhibit A.
Make two full sets of copies of everything you plan to file.
File with the clerk of the court that issued the original protection order. The clerk will set a hearing date. Ask the court whether it has any local requirements or set hearing days for these motions.
Have the other party personally served with the motion and all attachments before the hearing date. Service must be done by a sheriff, a private process server, or any person over 18 who is not a party to the case. File proof of service with the court once it is done.

The protected party pays no filing fee or service fee when the order was based on domestic violence, stalking, or sexual assault.³ A restrained party should expect to pay a filing fee on top of the background check costs.

What Happens at the Hearing

The party who filed the motion carries the burden of proof by a preponderance of the evidence, meaning it must be more likely than not that the change or dismissal is appropriate.¹ That is a lower bar than a criminal case, but the judge still expects real evidence, not assurances.

The judge will look at whether circumstances have genuinely changed since the order was issued. Evidence that tends to help includes:

A long stretch of full compliance with every term of the order, with no violations.
A background check showing no new offenses, particularly none involving the protected person.
Completion of court-ordered counseling or domestic violence treatment. Colorado’s Domestic Violence Offender Management Board oversees approved programs, with a minimum course of treatment of 36 weeks; many participants remain in treatment for nine to twelve months or longer.
Concrete life changes such as relocation or stable employment that reduce any ongoing risk.
The passage of time itself. The longer you have gone without incident, the stronger the argument that the order is no longer needed.

If children are involved, the court will separately weigh their best interests, and that factor can cut in either direction. The judge may also question both parties directly, so be ready to talk about your conduct since the order was entered.

When the Court Cannot Dismiss the Order

Colorado law makes dismissal impossible in one specific situation. If the restrained party has been convicted of or pled guilty to any new misdemeanor or felony against the protected person since the permanent order was issued, the order stays in place permanently. The court has no discretion. The severity of the new offense, the time since the conviction, and whether both parties want the order gone all become irrelevant.¹

One narrow exception applies: the protected person (or their attorney, parent, legal guardian, or conservator) can still file a motion to modify or dismiss. The restrained party cannot.¹ This is why the background check matters so much: the court uses it to determine whether the bar applies before considering anything else.

Do Not Contact the Protected Party

If you are the restrained party, do not reach out to the protected person to talk about dropping the order. Any contact that violates the order is a criminal offense under C.R.S. § 18-6-803.5, whatever your reason for reaching out. That includes calls, texts, emails, showing up in person, and asking someone else to pass along a message.⁷

A first violation is a class 2 misdemeanor. It becomes a class 1 misdemeanor if the order was based on stalking, if the parties were in an intimate relationship, or if you have a prior conviction for violating a protection order.⁷ Beyond the criminal penalty, a new conviction triggers the permanent bar on dismissal. If you want the protected party’s cooperation, go through your attorney or the court.

Temporary Orders Follow a Different Track

Everything above concerns permanent protection orders under C.R.S. § 13-14-108. Temporary orders, issued on an emergency basis before a hearing to make the order permanent, work differently. A petitioner who wants to vacate a temporary order can move to do so, but cannot vacate it after the restrained party has been served or has actual knowledge of it. The permanent order hearing, held within 14 days, is the moment to argue against making the order permanent. If the restrained party fails to appear, the judge can make the temporary order permanent by default with no further notice.⁸ A default permanent order is far harder to undo.

When a Protection Order Ends on Its Own

Some protection orders terminate automatically without any motion. If a court later issues an order addressing the same subject matter in a divorce, a child custody case under the Uniform Child-Custody Jurisdiction and Enforcement Act, or a proceeding under the Colorado Children’s Code, the civil protection order terminates on its own.¹ If you have an active family law case with its own protective provisions, check the status of the protection order before going through the motion process.

1
Justia Law. Colorado Code 13-14-108 – Modification and Termination of Civil Protection Orders
2
Colorado Judicial Branch. Instructions for Protected Person – Motion to Modify or Dismiss Protection Order
3
Justia Law. Colorado Code 13-14-109 – Fees and Costs
4
Colorado Judicial Branch. Motion to Modify or Dismiss a Protection Order
5
Colorado Judicial Branch. JDF 395 Instructions for Restrained Person – Motion to Modify or Dismiss Protection Order
6
Colorado Bureau of Investigation. Fees and Forms Information
7
Justia Law. Colorado Code 18-6-803.5 – Violation of Protection Order
8
Justia Law. Colorado Code 13-14-104.5 – Procedure for Temporary Civil Protection Orders