Fill and Sign the Instructions for Restrained Person Motion to Modify Dismiss Form

JDF 395 R12/18 INSTRUCTIONS FOR RESTRAINED PERSON – MOTION TO MODIFY/DISMISS PROTECTION ORDER Page 1 of 3 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 procedu res as an attorney. GENERAL INFORMATION BEFORE YOU FILE YOUR MOTION  For a Permanent Protection Order issued on or after July 1, 2013: To file a Motion to Modify or Dismiss a Protection Order with the Court, two years must have passed after issuance of the Permanent Protection Order or after disposition of any prior motion.  For a Permanent Protection Order issued prior to July 1, 2013: To file a Motion to Modify or Dismiss a Protection Order with the Court, four years must have passed after issuance of the Permanent Protection Order or after disposition of any prior motion. Click on the following link to access the statute as it existed prior to July 1, 2013: § 13 -14 -102, C.R.S.  If, after the issuance of the Permanent Protection Order, you have been convicted of or plead guilty to any misdemeanor or felony against the Protected Person, other than the original offens e, 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 . 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 Motio n.  The Court will not consider the Motion unless the fingerprint-based criminal h istory 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- 108, C.R.S.  If you have a disability and need a reasonable accommodation to access the c ourts, please contact your local ADA Coordinator. Contact information can be obtained from the following website: http://www.courts.state.co.us/Administration/HR/ADA/Coordinator_List.cfm COMMON TERMS  Motion: Document officially commences the Motion to Modify / Dismiss process.  Moving Party: The person who files a Motion.  Protected Person: The person who was granted a protection order against another party.  Restrained Person : The person who is to remain away from making contact with another person.  May: In legal terms, “may” is defined as “optional” or “can .”  Shall: 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:  Copy of Documents $ .75 per page  Certification Fee $ 20.00 per document  Cost of Fingerprints (See information on fingerprinting in Step 1)  Fingerprint-based Criminal History Check (See information on fingerprinting in Ste p 1) FORMS JDF 395 R12/18 INSTRUCTIONS FOR RESTRAINED PERSON – MOTION TO MODIFY/DISMISS PROTECTION ORDER Page 2 of 3 To access a form online go to www.courts.state.co.us and click on the “Forms” tab. The packet/forms are available in PDF or WORD by selecting “Protection Orders”. Please click either 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 Motion to Modify / Dismiss Temporary / Permanent Protection Order  JDF 410 Order Modifying Protection Order  JDF 415 Order Vacating Protection Order STEPS TO FILING YOUR MOTION Step 1: Complete the required Fingerprint-based Criminal History Record Check. The Restrained Person must submit a criminal history record check from the Colorado Bureau of Investigation (CBI) and Federal Bureau of Investigation (FBI) at the time the Motion is filed. Please follow th ese steps:  Law enforcement agencies are no longer required to provide fingerprinting for civi l cases. Some law enforcement agencies will refer you to Colorado Application Background Services (CA BS). Below is a link to the Colorado Bureau of Investigations website which includes information and instr uctions sorted by category: https://www.colorado.gov/pacific/cbi/employment-background-checks  The criminal history results must be conducted within 90 days prior to the filing of the Motion.  If you have a felony conviction recorded in Colorado or any other state, and you know that it is inaccurate, it is your responsibility to obtain the disposition information from the cour t where such action occurred as identified in the CBI and FBI reports.  You are also responsible for providing certified copies of any criminal disp ositions that are not reflected in the Colorado Bureau of Investigations or Federal Bureau of Investigation records and any other dispositions which are unknown, by contacting the agency where such actions occurred. Step 2: Complete Appropriate Forms. Please refer to the list of required forms above to determine which forms mus t be submitted when filing your M otion based on your individual circumstances.  Contact the Court where you plan to file your Motion for specific days or times w hen hearings to modify or dismiss a protection order are scheduled and to determine if they have any other filing requiremen ts.  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 n umber on your original Temporary or Permanent Protection Order. Municipal Court County Court District Court Denver Juv enile Denver Probate _________________________________________ County, Colorado Court Address: Petitioner(s): v. Respondent: COURT USE ONLY Attorney or Party Without Attorney (Name and Address): Phone Number: E-mail: FAX Number: Atty. Reg. #: Case Number: Division Courtroom NAME OF FORM  Motion to Modify / Dismiss Temporary / Permanent Protection Order (JDF 397).  Complete all necessary sections on this form. JDF 395 R12/18 INSTRUCTIONS FOR RESTRAINED PERSON – MOTION TO MODIFY/DISMISS PROTECTION ORDER Page 3 of 3  Attach the fingerprint based FBI and the CBI criminal history checks to the Mot ion and identify as Exhibit A. Make sure that the fingerprint-based criminal history record checks are 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 caption only.  The Judge or Magistrate will complete the appropriate portions on the forms an d sign the order at the time of the hearing, if your Motion is approved. or  Order Vacating Protection Order (JDF 415).  Complete caption only.  The Judge or Magistrate will complete the appropriate portions on the forms an d 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.  Make sure you have signed the Motion .  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 Mot ion and all of the attachments per rule 4(e) of the Colorado Rules of Civil Procedure prior to the court appearance date given t o 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 s ervice to serve the other person.  Be sure to direct the sheriff, private process server, or person serving the order to r eturn 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 atta in 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 Cour t 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 person 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.