QUESTION
Is restraining order still in affect after death?
Asked on Sep 04th, 2012 on Criminal Law - Florida
More details to this question:
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.
13 ANSWERS
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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You can still be a theoretical threat to society albeit not to her anymore. Who is pressing the charges if she is deceased?
Answered on Sep 12th, 2012 at 3:19 PM
Leonard A. Kaanta
If the order forbid you to own a firearm, you get the order setaside.
Answered on Sep 11th, 2012 at 1:38 PM
Michael J. Breczinski
It should not survive her death. Get an attorney and fight the matter.
Answered on Sep 11th, 2012 at 12:43 AM
The restraining order is extinguished on her demise.
Answered on Sep 11th, 2012 at 12:36 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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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.
Answered on Sep 10th, 2012 at 4:19 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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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.
Answered on Sep 10th, 2012 at 1:04 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Sort of hard to prove now. Have your lawyer move to dismiss.
Answered on Sep 10th, 2012 at 12:58 PM
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.
Answered on Sep 09th, 2012 at 4:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally a restraining order lasts until it is lifted by the Court which issued it, unless it had an expiration date.
Answered on Sep 09th, 2012 at 3:29 PM
Gary Moore
You have a defense, but you need a lawyer.
Answered on Sep 09th, 2012 at 3:25 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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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.
Answered on Sep 09th, 2012 at 2:56 PM
Thomas Edward Gates
You do not indicate the timing of these events. The restraining order "dies" with the person who was awarded it.
Answered on Sep 09th, 2012 at 2:08 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Get an attorney. Actually pay one to represent you in this serious offense.
Answered on Sep 09th, 2012 at 2:00 PM