INSTRUCTIONS FOR RESTRAINED PERSON Motion to Modify / Dismiss Protection Order These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney. GENERAL INFORMATION BEFORE YOU FILE YOUR MOTION To file a Motion to Modify or Dismiss a Protection Order with the Court, four years must have passed after issuance of the permanent order or after disposition of any prior motion. If you have been convicted of any misdemeanor, other than the original misdemeanor, that included an act of domestic violence or any felony, then the protection order shall remain permanent and shall not be dismissed by the Court. It is important to understand that any violations after the permanent protection order is issued are taken into consideration. You must complete a fingerprint-based criminal history record check prior to filing your Motion. The Court will not consider the Motion unless the fingerprint-based criminal history record check is conducted within 90-days prior to the filing of the Motion. It is your responsibility to prove that the modification is appropriate or that a dismissal is appropriate because the protection order is no longer necessary. For additional information, please review Colorado Revised Statute §13-14-102. If you have a disability and need a reasonable accommodation to access the courts, please contact your local ADA Coordinator. Contact information can be obtained from the following website: http://www.courts.state.co.us/chs/court/ada/coordinators.htm COMMON TERMS ⌦ ⌦ ⌦ ⌦ ⌦ ⌦ Motion: Moving Party: Protected Person: Restrained Person: May: Shall: Document officially commences the Motion to Modify / Dismiss process. The person who files a Motion. The person who was granted a protection order against another party. The person who is to remain away from making contact with another person. In legal terms, “may” is defined as “optional” or “can.” In legal terms, “shall” is defined as “required.” If you do not understand this information, please contact an attorney. FEES There is no filing fee. Other fees that you may encounter are as follows: Copies of Documents (Documents on File) $ .75 per page or $1.50 if double-sided Copies of Documents (Documents not on File) $ .25 per page or $.50 if double -sided Certification Fee $15.00 per document Service Fee Varies (Payable to Process Server) Cost of Fingerprints Varies (Payable to local law enforcement) Fingerprint-based Criminal History Check $16.50 (Payable to CBI by Cash or Money Order only) Fingerprint-based Criminal History Check $18.00 (Payable to Treasury of the United States by Money Order or Certified Check) FORMS To access forms online, go to the website at www.courts.state.co.us and click on the “Self-Help Center”. The packet/forms are available in PDF or WORD by selecting “Protection Orders” under “Civil.” Please click either JDF 395 R7/07 INSTRUCTIONS FOR RESTRAINED PERSON MOTION TO MODIFY / DISMISS TEMPORARY / PERMANENT PROTECTION ORDER Page 1 of 3 American LegalNet, Inc. www.FormsWorkflow.com PDF or WORD by the title of the form. You may complete a form online or you may print it and type or print legibly in black ink. JDF 397 JDF 410 JDF 415 Motion to Modify / Dismiss Temporary / Permanent Protection Order Order Modifying Protection Order Order Vacating Protection Order STEPS TO FILING YOUR MOTION Step 1: Complete the required Fingerprint-based Criminal History Record Check. The Restrained Party must submit a criminal history record check from the Colorado Bureau of Investigation (CBI) and Federal Bureau of Investigation (FBI) at the time the case is filed. Please follow these steps: Contact your local law enforcement office to be fingerprinted. The Court may provide you with two fingerprint cards, or, in the event that your local court does not provide them, your local sheriff’s department should. You will see a box labeled “Reason Fingerprinted” on the card in the upper left hand corner. Identify “§13-14-102 Protection Order” in the reason printed block of the card. It is important that the CBI and FBI know that the criminal history record check is for a modification or dismissal of a protection order. Please write your name, home address, and date of birth clearly on the fingerprint card. If the agency completing the fingerprints uses an electronic print system, please do not write on the cards as the agency will automatically input the information. You are responsible for mailing or hand-delivering the completed fingerprint cards to CBI and FBI. It can take 12 - 18 weeks to receive your criminal history check back from the FBI, whereas CBI must complete your criminal history check within 72 business hours by law. The criminal history results must be conducted within 90-days prior to the filing of the Motion. For this reason, it is best to mail your FBI fingerprint card, wait 8 - 10 weeks, and then mail or hand-deliver your CBI fingerprint card. You will be provided with a full report from both agencies. For additional information on FBI requests, please review their website at the following link: http://www.fbi.gov/hq/cjisd/fprequest.htm Mail the completed fingerprint card to the FBI at, Criminal Justice Information Services (CJIS) Division – Record Request, 1000 Custer Hollow Road, Clarksburg, WV 26306 along with a certified check or money order in the amount of $18.00. Do not fold the fingerprint card. Mail or hand-deliver your completed CBI fingerprint card to the CBI at 690 Kipling, Denver, Colorado 80215 along with a money order in the amount of $16.50. Do not fold the fingerprint card. If you hand-deliver the fingerprint card, you can also pay by cash. If you have a felony conviction in Colorado or any other state, and you know that it is inaccurate, it is your responsibility to obtain the disposition information from the Court where such action occurred, as identified in the CBI or FBI reports. Step 2: Complete Appropriate Forms. Please refer to the list of required forms above to determine which forms must be submitted when filing your Motion based on your individual circumstances. Contact the Court where you plan to file your motion for specific days or times when hearings to modify or dismiss a protection order are scheduled and to determine if they have any other filing requirements. The caption below needs to be completed on all forms filed. Use the case number on all of your forms that corresponds to the case number on your original temporary or permanent protection order. Municipal Court County Court District Court Denver Juvenile _________________________________________ County, Colorado Court Address: Denver Probate Plaintiff(s)/Petitioner(s): v. COURT USE ONLY Defendant/Respondent: Attorney or Party Without Attorney (Name and Address): Case Number: Phone Number: FAX Number: Division JDF 395 R7/07 E-mail: Atty. Reg. #: NAME OF FORM INSTRUCTIONS FOR RESTRAINED PERSON MOTION TO MODIFY / DISMISS TEMPORARY / PERMANENT PROTECTION ORDER Courtroom Page 2 of 3 American LegalNet, Inc. www.FormsWorkflow.com Motion to Modify / Dismiss Temporary / Permanent Protection Order (JDF 397). Complete all necessary information on the form. This Motion must be signed in the presence of a Court Clerk or Notary Public Attach the fingerprint-based criminal history record check to the Motion and identify as Exhibit A. Make sure that the fingerprint-based criminal history record check is conducted within 90 days prior to the filing of the Motion. Attach any other criminal disposition documentation and identify as Exhibit B. Make two complete sets of copies. Order Modifying Protection Order (JDF 410). Complete only the caption on the form. The Judge or Magistrate will complete the appropriate portions on the forms and sign the order at the time of the hearing, if your Motion is approved. or Order Vacating Protection Order (JDF 415). Complete only the caption on the form. The Judge or Magistrate will complete the appropriate portions on the forms and sign the order at the time of the hearing, if your Motion is approved. Step 3: You are ready to file your Motion with the Court. Provide the Court with the documents completed as described in Steps 1 - 2 above. If the Motion has not been signed in the presence of a Notary Public, you will sign the Motion before the Clerk at this time. The clerk at the Court will fill in the hearing date and time on your Motion. Step 4: Complete Personal Service. You shall complete personal service on the other party with a copy of the Motion and all of the attachments per rule 4(e) of the Colorado Rules of Civil Procedure prior to the court appearance date given to you by the clerk. Helpful Hints to complete personal service: Take a copy of the Motion to the Sheriff’s Department, a private process server, or someone you know who is 18 years or older, who is not a party to the case, and who knows the rules of service to serve the other person. Be sure to direct the sheriff, private process server, or person serving the order to return a copy of the Return of Service to you and to file the original with the Court as soon as possible after service has been completed. If the address of the Protected Person is confidential and you have been unable to attain personal service, inquire with the Court to determine what procedures can be completed. The process server will need to return the completed return of service to the Court for filing, or return it to you to bring and file with the Court before the Court date. Step 5: Be Prepared for your Hearing. You may be asked questions about your request to modify or dismiss your Protection Order. If the Court orders that the Protection Order is modified or dismissed, you will be provided with an Order stating such. If your Order is modified, you may also be provided with a new temporary or permanent protection order that indicates all current conditions of the protection order. If the Protected Person is not present at the hearing, the protected party must be personally served with a copy of the order and the new protection order as soon as possible. It is your responsibility to complete personal service. Follow the steps outlined in Step 4 above. JDF 395 R7/07 INSTRUCTIONS FOR RESTRAINED PERSON MOTION TO MODIFY / DISMISS TEMPORARY / PERMANENT PROTECTION ORDER Page 3 of 3 American LegalNet, Inc. www.FormsWorkflow.com