I was arrested for 3rd degree assault DV recently. The state issued a restraining order. I was informed that the victim can request that the order be modified, but I am unsure that they know this.
Under Colorado's victim's bill of rights the victim must be informed of all critical stages of a criminal case. This would include her rights to modify or oppose he modification of a restraining order in a DV case.
The victim is informed, but whether they know depends on the attention span. You can NOT remind them, nor ask someone else to remind them, without violating your restraining order. Your lawyer ought to be speaking with the alleged victim, and if that's on the victim's mind, it is sure to come up, and while your lawyer can't advise the victim to modify anything, the lawyer can neutrally answer the question.
The protected party is notified that the Protected Person, or the protected person’s attorney, may apply to the Court at any time to modify protection order. You, of course, may not contact the Protected Party, but they can talk with the victim coordinator and/or their attorney regarding these matters. You can ask for the Protection Order to be modified as well, but it is very unlikely to be modified without the consent of the named victim and the prosecution. Good luck.
You can contact WeedenLaw by phone or email. This answer is for general information only and does not create an attorney client relationship between Jeffery L. Weeden or WeedenLaw and any person. Schedule a consultation with an attorney to discuss your specific legal issue..
Just to clarify: the victim does not have the power to modify a restraining order. Only the court can do that. What the victim can do is ask the court to modify the order, but the judge can say: "No."
www.karlgeil.com. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.
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