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?
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?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
