Los Angeles, CA asked in Domestic Violence for California

Q: If the person that has a restraining order against you passes away, does it become null?

I have been taking care of my mother for 10 years. She has been living with me the entire time and for the last few months she's been declining. I was yelling in my bedroom and I broke my TV, my neighbor called the police and they issued me a stay away order for 7 days. I told them she cannot be alone she has dementia and she can't make it to the bathroom on her own and they told me I was lying. I made the decision to go back to my house after an hour or so because she can't be there alone. The apartment manager called the cops they busted my door down and violently arrested me. At the time I did not have the money to bail out so I accepted whatever charges they threw at me which include domestic violence which doesn't make any sense to me so I could arrange for someone to take care of her.When I got out of jail no one could reach her for the last 24 hours so I called 911 and they broke down my door again and she was incoherent lying in her feces. She passed Sunday. Can I go home?

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1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: it sounds like you entered a plea? you must have had a public defender appointed to guide you...right? and you must have advised him/her of this situation? what did they say?

if your mom has passed and the order is to stay away from her, then there is no one you have to stay away from that is living..........

if you had a lawyer, that question should be posed to him/her in case it was a more broad stay away order.

something is missing in your description?

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