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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12274
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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How long does a restraining order stay in effect and how does

Resolved Question:

How long does a restraining order stay in effect and how does one get it expunged from their record?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 2 years ago.
Hello. My name is XXXXX XXXXX X will be glad to help you.

Is this a permanent restraining order?

Is it still in effect?
Customer: replied 2 years ago.
It is still in effect, however, I don't think it is permanent.
Expert:  Alex J. Esq. replied 2 years ago.
Do you have copy of the restraining order?

How long is it for?

When does it expire?
Customer: replied 2 years ago.
I just e-mailed my son to find out. His stepmother put the restraining order on him and I haven't actually seen it. I'm waiting for his reply, but may not have it for a while, depending on if he is online at this time or not. Is there a way for me to get back to you once I receive the answer from him?
Expert:  Alex J. Esq. replied 2 years ago.
Yes, just find out how long the restraining order was issued for and if it is permanent or temporary one and get back to me when you have the information.

Thanks.
Customer: replied 2 years ago.
Okay, I will. Thanks, Alex!!

Kathy
Expert:  Alex J. Esq. replied 2 years ago.
Thank you.
Customer: replied 2 years ago.
Hi Alex......wow. What a mess. Long story, but suffice it to say that some people are not fit to be parents.

My son's father married a woman who has severe mental health problems; the relationship between my son and his father has been estranged for the last 12 years. Brian (my son) is now 27, in counseling, and recalling abuse that his stepmother and father (at her direction) imposed on him; he moved in with them when he was 12. Ironically, I'm a mental health therapist, but that doesn't apply when it's a family member. Anyway, Brian has done some acting out in reaction to the anger that has surfaced. Hence, the restraining order. In addition, his father had Brian arrested on 12/28/2011 because Brian took his stepmother's medication and threw it away as a way to 'get even'. You can be sure we have had a few discussions about the inappropriateness of his behavior, despite that he was victimized at one time. I just googled Brian's name and see that he has mug shots posted on www.pdxmugshots.com. I can have that removed, but it would cost $100. I think the website his mugshot is posted on is retrieved per the Multnomah County jail. Is there anything I can do to have the mugshot removed without paying? He is listed as having two mugshots and one of them is not Brian. What can I do about that?

The restraining order is for a year (Brian thinks). While I am in complete agreement that Brian needs to be held accountable for his behavior, I think the methods used are counter-productive. He's been trying to find work, etc., and all someone would need to do is 'google' his name and voila! That seems a bit unfair to me (both the methods used to hold him accountable as well as the info per the Multnomah County jail being so 'visible'). Even if I were able to have the mugshots removed, would the 'info' still be 'out there' per the internet?

Let me know what you think. Sorry for the long e-mail.

Take good care,

Kathy
Expert:  Alex J. Esq. replied 2 years ago.
Thank you for your follow up.

1) Unfortunately because the mugshots are made part of the public records you would more than likely have to pay the fee to have them removed.

If the website is listing a mugshot of someone else under your son's name, I would suggest that you contact this website in writing and let them know about this issue and they should remove the wrong mugshot.

2) Unfortunately a restraining order, which is given for 1 year, is considered a permanent restraining order and will more than likely automatically renew upon the expiration of 1 year.

I would suggest for your son to consult and retain an experienced local criminal law attorney and this attorney can file a Motion to Terminate/Vacate this restraining order and it would be up to the judge whether or not to vacate this restraining order.

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Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12274
Experience: Experienced Licensed Attorney / Criminal Law Mentor
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