Q: A person who filed a restraining order on me has passed away. Who do I file my response to to get it in front of a judge
Mom is a named protected person and my sister has power of attorney, but my dad is the original filler. Mom wants to communicate with me sister is medically isolating her using restraining order.
A:
I understand this is a sensitive and complex situation. Since the original filer of the restraining order has passed away, the process for responding and requesting a modification may vary depending on the specific circumstances. Here are a few general steps you can consider:
1. File a response with the court: Even though the original filer has passed away, you should still file a response to the restraining order with the court that issued it. In your response, explain the change in circumstances and your reasons for requesting a modification or termination of the order.
2. Serve the interested parties: Serve a copy of your response to the other named protected persons, such as your mother and sister. If your sister has power of attorney for your mother, you may need to serve your sister in that capacity as well.
3. Request a hearing: When filing your response, you can request a hearing before a judge to present your case for modifying or terminating the restraining order. The court will then set a hearing date and notify the interested parties.
4. Attend the hearing: At the hearing, present your arguments and evidence to the judge as to why the restraining order should be modified or terminated. The judge will consider the circumstances, including your mother's wishes and your sister's role as power of attorney.
5. Consider seeking legal assistance: Given the complexity of the situation, it may be beneficial to consult with a local attorney who specializes in family law and restraining orders. They can provide guidance specific to your case and help you navigate the legal process.
Remember, the court's primary concern will be the safety and well-being of the protected persons named in the restraining order. Be prepared to address those concerns and demonstrate that modifying or terminating the order will not put them at risk.
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