Comments on: restaining order, My mom got a restraining order putting me and my children out of her house… http://askinglaw.com/restaining-order-my-mom-got-a-restraining-order-putting-me-and-my-children-out-of-her-house/ Legal & Law Information Tue, 16 Mar 2010 16:04:30 -0600 http://wordpress.org/?v=2.8 hourly 1 By: Destiney Washington http://askinglaw.com/restaining-order-my-mom-got-a-restraining-order-putting-me-and-my-children-out-of-her-house/comment-page-1/#comment-13765 Destiney Washington Wed, 25 Nov 2009 18:25:40 +0000 http://askinglaw.com/?p=8271#comment-13765 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. 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.

]]> By: violet petran http://askinglaw.com/restaining-order-my-mom-got-a-restraining-order-putting-me-and-my-children-out-of-her-house/comment-page-1/#comment-13759 violet petran Wed, 25 Nov 2009 17:35:24 +0000 http://askinglaw.com/?p=8271#comment-13759 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. 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.

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