Restraining Order Validity Clarification
Summary
A restraining order in California remains valid until its expiration date, even if the restrained person is in jail. Executed generally means the order was put into effect, not terminated. Check for any termination date or clause. Consult a local attorney for further clarification.Full Conversation
My fiance had a restraining order put on him back in * of October and then he went back to jail and took a plea deal and decided to do 3 years in a state prison to clear all of it up well I received a copy of a of the restraining order and it states that it was executed August 28th * I just want to know does that mean that the restraining order is no longer good and that he he can be around me which I am the protective party
Hello **** ****, in many locations, a restraining order remains in effect until its expiration date, even if the restrained person is in jail. However, laws may vary based on your specific location. Could you please let me know where you are located so I can provide more accurate information?
Modesto , California
In California:
- A restraining order usually remains valid until its expiry date.
- If someone is in jail/prison, it doesn't automatically invalidate the order.
- A restrained person can still violate the order while incarcerated.
Please consult with a local legal professional for advice tailored to your situation.
Well I received a copy of the restraining order and it states that it was executed on August 28th * that means that it was terminated correct it also has the judge who terminated it or executed it his signature
In California:
- "Executed" generally means the order was carried out or put into effect.
- It doesn't necessarily mean it was terminated.
- Check for any termination date or clause. Consult a local attorney for further clarification.