restaining order, My mom got a restraining order putting me and my children out of her house…
Posted on : 11-25-2009 | By : Legal Information | In : Criminal Law, Restraining Orders
Tags: Restraining Orders
2
My mom got a restraining order putting me and my children out of her house, I was to also stay away from my aunts house which is where my mom was living. My mom has since passed away. Is the restraining order still in effect? Do I have to go to court to have it lifted?




The purpose of the restraining order was to protect your mother from whatever type of harassment or stalking (the requirements of a restraining order) that she felts was going on. With her death, the protection is not needed anymore and the restraining order would serve no purpose unless there was another individual listed on the order.
DISCLAIMER: This is not legal advice.
A restraining order is not a permanent document. It does hold to it an expiration date which depending on the state is usually one year. If there is still a need for restraint after the initial year, the plaintiff will need to reinstate it.
Since your mother is now deceased (RIP) the order should no longer be valid as the initiator of the order is not here to ensure that it is enforced along with law enforcement.