Georgia Laws and Restraining Orders??

[Dennis_in_VA]

I need some help from some of my fellow Hide members.

Can a Restraining Order be revoked or nullified and if so, how would one go about getting it done?

Here's the spin on this situation.

I have a family situation pertaining to a restraining order placed by a family member (my step mother) who was taking care of my Grand Father (my fathers dad) who lives in Georgia while MY father was living here in Virginia.
The Restraining order prevents my Aunts and Uncle from setting foot on the property and if caught will be arrested. Its a big ol ball of a shit storm.

Im not sure of the Who, What, Where, When, Why but my Step Mother has been down in GA for several years after my Dad's sister died leaving my cousin (who is mentally retarded from birth) in need of care. So my Dad had his Wife stay there to take care of my cousin and his Father who is also disabled. My Dad's siblings and my Step Mother had bad blood because she is, how do I put bluntly, A MEAN OLD BITCH!!!!
Well my Father has been in poor and declining health for the last couple of years and passed away yesterday at his home. My step mother has been back and forth between GA and VA but is now going to stay in VA.

So if my step mother is not residing in GA any more, can/would a judge nullify the order?

Im still reeling from my Fathers passing. I was there with him making sure he was as comfortable as could be during his last days here on earth.

Any help on this matter would be greatly appreciated.

She has fucked up so much stuff and so many lives and cannot undo what has been done but she can at least undo the restraining order.

My relatives from my Fathers side of the family wont come to his funeral because she will be there.

Sorry for the on and on. This is a difficult time for me.

Thanks for taking time to read this and for any help you can give.

 

[Punisher29073]

Prayers sent to you and your family. Sorry I cant offer any expertise on the situation.

Ryan

 

[diverdon]

I have never done anything in life harder than loosing my Dad. Now may not be a good time to sweat the small shit. This is hard to get thru. I am sure it is doubly hard to do given the background of family strife you describe. Nothing anyone can say will really make this any easier. But, from my perspective 10 years after the passing of my Dad, time does heal. Today memories of my Dad bring much more joy than sorrow. I still miss him a lot, but I am so happy for the time He gave me.

I hope the restraining order nonsense gets straightened out. Good luck, and god bless you and your family in this time.

 

[fdkay]

I am NOT giving you legal advice, but some questions arise, keep in mind, I do not know how it works in GA:
Restraining orders are normally for a limited duration (1 year max in most cases), do you know when she got it? (they can always resubmit)
Was anybody actually served with a notice? (just because someone wasn't officially served does NOT mean it is not in effect)
A restraining order is normally issued against a single person, in some states it is a civil order and is addressed as such.

 

[EXTREMEPREJUDICE]

You/they need to obtain the counsel of an attorney that can properly advise you on what actions can legally be taken. Each situation is unique and while someone may have had a similar experience it may not adequately relate to provide the right advice to you. Sounds like a really bad deal, good luck!

 

[Maggot]

Losing your father is a tough time, especially if you were close as you were. Keep a cool head.

 

[Graham]

Georgia Laws and Restraining Orders??

Graham's rule #1 applies.

Temporary or permanent order? Order issued Ex parte or after a hearing? You need an attorney, not the Internet.

If all else fails, read the document. Chances are that a big part of the answer is either written on the document or on the papers that were served with it.

 

[nashlaw]

Permanent or temporary? In Tn, a restraining order is very specific as to WHO is restrained and for how long. It is an extraordinary measure as it can be ex parts ( opposing side does not have to be present to be effective). Call an attorney.

 

[Foul Mike]

What Graham said. FM

 

[Zebra644]

Sorry to hear about your dad,I will keep your family in my prayers.

On the restraining order it depends if its a civil restraining order, or a protection order, there is a difference between the two. It also depends if its an Ex-parte order or not. Usually there is a date for a hearing to contest / modify the order. If the order is to be resended past the hearing date she will have to file to have it resended /nolled and or let it expire. Even though they differ from state to state in the language they are pretty simular. Since its public record I would call the domestic relations court or whatever they call it down there and ask them about it and have the order handy because it has a case number on it that they can reference. You may be able to have it taken care of without an attorney getting involved. If they wont or cant help you then contact an attorney that deals with family / criminal law. Take this for what its worth on the net and not coming from an attorney. Some times they are civil matters and can be taken care of without any issues but violation of a protection order at least in Ohio will get you arrested.

 

[coach4christ]

Sorry for your loss. Wouldn't you and your siblings now own half the estate? That would make things interesting for her.

 

[windermike]

Sorry for your lose. My dad died two years ago. I miss him as much today as I did the day he died. My dad was a lawyer and my brother still is. I know a lot of lawyers here in Georgia. let me know what part of the state your family is from and I can send you to a good lawyer. Good luck bud.

 

[Dirty D]

You need an attorney, not the Internet.

Say what you will about Graham as a person (although I am not entirely sure he is ) he generally doesn't talk out of his ass and this is good advice. What constitutes good advice in one posters jurisdiction may get you into a boatload of trouble in another. Go ask a pro.

 

[fdkay]

I just reread your original post, it sounds more like a criminal trespass warning was issued for the land/property.
Those are also normally of limited duration.