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If the plaintiff in a restraining order case does not show for the PRO hearing is the TOR dropped ?

Lamar, CO |

i believe she was coerced or threatened into getting the TOR by members of her family and i don't believe she will show for the PRO hearing !

Attorney Answers 3


The purpose of such a hearing is to determine whether or not a civil protective order should be made permanent. If the plaintiff fails to appear for that hearing, the complaint/petition should be dismissed at that time.

The information provided in this answer does not create an attorney-client relationship. If you are interested in a free consultation with Mr. Bryans, call The Bryans Law Office at (303) 832-2930.

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I agree with my colleague. If she fails to show up, the case should be dismissed.

Good luck.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Yes. If the person who is seeking a PRO chooses not to attend that hearing, the TRO normally gets dismissed and the matter is over. Until then the TRO is still in effect and it would be criminal for you to contact her.

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