Featured Questions

Askinglaw, A Legal Question and Answer Site Welcome to Askinglaw.com. Askinglaw is a law question and answer site. Post your legal related questions and wait for answers or comments from the Askinglaw community. Askinglaw also has an online lawyer...

Readmore

Askinglaw's Online Lawyer Directory Has Been Updated Hello Askinglaw Visitors, The online lawyer directory on Askinglaw has been redesigned. You can see the updated directory by state at: www.askinglaw.com/lawyer-directory. The revamped attorney directory...

Readmore

Updated Lawyer Directory and Article Submission Askinglaw is pleased to announce that our sister site, Targetlaw has just been re-released as an Attorney Directory and Legal Article Submission Site. If you are looking for a lawyer, law firm, or attorney,...

Readmore

Damage to my car, California A large tree branch fell on top of my car and damaged the roof (bent roof). Police was present and there is a police report describing the incident and my car's damage was noted in the report; according...

Readmore

MIP, Oregon My Question Involves State Law In: Oregon I was at a party with a few friends (under 10) and we were all hanging out watching tv and drinking a few beers. One of our friends left without us knowing...

Readmore

  • Prev
  • Next

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:

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?

Answers (2)

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.

Want to Ask a Similar Question? Click Here

Write an answer

Powered by WP Hashcash