Printable View
I'm asking for a lady who had a restraining order against her from a "crazy" neighbor who has died.
Does a permanent restraining order automatically drop off of someone's record if the filing party is deceased or do you need to request the removal from the courts?
Stays forever unless she petitions the court to remove it. In the case of protection orders, permanent is actually permanent and it will continue to show up on her background checks even if the protected party is dead.
The question on the 4473 deals with restraining orders for your children or intimate partner or children of an intimate partner
From the instructions for Form 4473Quote:
Originally Posted by funkymonkey1111
Question 11.h. Qualifying Restraining Orders: Under 18 U.S.C. 922, firearms
may not be sold to or received by persons subject to a court order that: (A) was
issued after a hearing which the person received actual notice of and had an
opportunity to participate in; (B) restrains such person from harassing, stalking,
or threatening an intimate partner or child of such intimate partner or person,
or engaging in other conduct that would place an intimate partner in reasonable
fear of bodily injury to the partner or child; and (C)(i) includes a finding that
such person represents a credible threat to the physical safety of such intimate
partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or
threatened use of physical force against such intimate partner or child that would
reasonably be expected to cause bodily injury. An ?intimate partner? of a person
is: the spouse or former spouse of the person, the parent of a child of the person,
or an individual who cohabitates or has cohabitated with the person
Thanks for the replies, I trust this lady's story as far as I could throw her, but I will pass it on. It was supposedly the result of a lawn dispute at a mobile home park, B.S.!
I have helped people attempt to obtain orders of protection against stalkers before.Quote:
Originally Posted by flogger
They are VERY difficult to obtain absent a recent police report showing an arrest for domestic violence, as well as additional police reports showing complaints for trespassing or vandalism.
So, if she had a "restraining order" against her, she likely was arrested and convicted of a violent felony offense of some sort. My guess would be elder abuse and theft. For a small fee you can request her Colorado criminal history if nothing comes up from a Google search.
Quote:
Originally Posted by flogger
Real easy to find out if it's going to be an issue--have her submit a background check. If she gets denied, then she can appeal based on the death of the holder, or initiate an action to get the protection Order removed.
Wrong section
[MOD: Yep. Moved it to the appropriate forum.]
I was a party in a neighborhood dispute and the court granted an order of protection against the (neighbor) defendant to the neighbor that initiated the petition and all neighbors that testified on her behalf. It's long since water under the bridge, and has since been rescinded, particularly since the primary petitioner has since passed. In this case, while the police were involved, and complaints filed, no arrest was ever made.Quote:
Originally Posted by Clint45