Is restraining order still in affect after death? 26 Answers as of May 24, 2013

Caught with a firearm in my gun cabinet, it goes against my rule of restraining order that my ex-wife issued over ten years ago... she recently died months ago, but they are still charging me with violating my restraining order with a gun.

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Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
You can still be a theoretical threat to society albeit not to her anymore. Who is pressing the charges if she is deceased?
Answer Applies to: Pennsylvania
Replied: 9/12/2012
Law office of Robert D. Scott | Robert Scott
It would seem that the restraining order, if it was against your wife, expired at her death.
Answer Applies to: Maryland
Replied: 9/12/2012
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
Unless a court dismissed the order, it is still in effect. You should have gone before the court after her passing and moved to have the order terminated instanter. You should hire counsel to represent you, due to the fact the person is dead, the prosecutor may take that into consideration and dismiss the charges.
Answer Applies to: Illinois
Replied: 9/11/2012
Law Office of Michael E. Dailey
Law Office of Michael E. Dailey | Michael E. Dailey
You need a lawyer to determine if the restraining order was specific to your ex or if it a general continuing order which is unlikely. It may just be in the computer and has never been updated or cleared. Most such orders have a self expiring life of 1-2 years unless there is some highly unusual circumstance and should certainly end upon her passing.
Answer Applies to: Missouri
Replied: 9/11/2012
Leonard A. Kaanta, P.C. | Leonard A. Kaanta
If the order forbid you to own a firearm, you get the order setaside.
Answer Applies to: Michigan
Replied: 9/11/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If a court ordered you not to possess a firearm that order would remain in place until withdrawn by the court regardless of the death of the person who is the complaining victim who sought the restraining order.
    Answer Applies to: Alabama
    Replied: 9/11/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    That is an interesting question. I see no reason why a restraining order should survive the death of the person who obtained it. I would think you would have a good argument against the charge.
    Answer Applies to: Georgia
    Replied: 9/11/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    It should not survive her death. Get an attorney and fight the matter.
    Answer Applies to: Michigan
    Replied: 9/11/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    The restraining order is extinguished on her demise.
    Answer Applies to: Washington
    Replied: 9/11/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    No, they are likely charging you with illegal possession of a firearm under federal or state law. When the DV restraining order was issued, you became a ?prohibited person? not allowed to possess firearms or ammo, for life, unless it had an specified limited term of prohibition, such as 5 or 10 years. When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you, can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 9/10/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The details spelled out in the restraining order are important, read the order carefully. If you are still unsure, consult an attorney.
    Answer Applies to: Kansas
    Replied: 9/10/2012
    Steven Alpers | Steven Alpers
    Domestic violence cases carry a 10 year order against gun possession, use or ownership after probation which is normally 3 years is over. It does not depend on your ex being dead or alive.
    Answer Applies to: California
    Replied: 9/10/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Sort of hard to prove now. Have your lawyer move to dismiss.
    Answer Applies to: New York
    Replied: 9/10/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    I don't know the violation date. Consult a lawyer.
    Answer Applies to: Illinois
    Replied: 9/9/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    There's some really "weird" charges and/or some really "dumb" cops/prosecutors out there. Nothing is surprising anymore. Contact an attorney to discuss your case. You may even have a "malicious prosecution" lawsuit against the cops/prosecutor.
    Answer Applies to: Michigan
    Replied: 9/9/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    In New York State it is called an Order of Protection and I doubt that it was still in effect. You may be charged with Possession of a Weapon and that is a serious charge, but it is not because of the Order of Protection, it is probably because you are a felon who is not allowed to own, possess, or carry a gun of any type. You should retain a good criminal lawyer to try to avoid a prison term since prosecutors are very reluctant to reduce gun charges and ask for jail time in almost every case.
    Answer Applies to: New York
    Replied: 9/9/2012
    Auricchio Law Offices of Western New York | James Quinn Auricchio, Esq.
    Wow, I am very sorry to hear about this. In a strictly legal sense, they can charge you, but your lawyer should be able to make some pretty compelling arguments for its dismissal.
    Answer Applies to: New York
    Replied: 9/9/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally a restraining order lasts until it is lifted by the Court which issued it, unless it had an expiration date.
    Answer Applies to: Michigan
    Replied: 9/9/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You have a defense, but you need a lawyer.
    Answer Applies to: New Jersey
    Replied: 9/9/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    No.
    Answer Applies to: Nevada
    Replied: 5/24/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    They may not be charging you with violating the restraining order, but rather violating the terms and conditions of your sentence. If your right to possess a firearm was taken by the court, then the only way you can have that right restored is by the judge restoring you the right... even if your ex is dead. I would suggest that you consult with an attorney.
    Answer Applies to: Washington
    Replied: 9/9/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Yes you would be if she were alive at the time of the gun possession. It may yet be illegal for you to possess a firearm too. You should file a petition with the court to restore your gun rights before you attempt to possess a firearm. It would be illegal for you to have a gun until that order is granted.
    Answer Applies to: Washington
    Replied: 9/9/2012
    Gates' Law, PLLC | Thomas E. Gates
    You do not indicate the timing of these events. The restraining order "dies" with the person who was awarded it.
    Answer Applies to: Washington
    Replied: 9/9/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Get an attorney. Actually pay one to represent you in this serious offense.
    Answer Applies to: Florida
    Replied: 9/9/2012
    Mary W Craig P.C. | Mary W Craig
    Most restraining orders have a 1 to 2-year life span. If she's dead, the restraining order is no longer in effect.
    Answer Applies to: Alabama
    Replied: 9/9/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Have to review the restraining order and what it prohibits. You cannot own/possess a gun with a felony and domestic violence conviction.
    Answer Applies to: Nebraska
    Replied: 9/9/2012
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