What happens if the person who filed temporary restraining order does not show up for the court hearing?

Asked almost 2 years ago - Los Angeles, CA

i heard that the accuser is not planning to go to court, probaly because all claims are false. what happens then?

Attorney answers (4)

  1. Edmund Lee Montgomery

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . If the moving party does not appear in court for the hearing the case is usually dismissed. Just because you do not believe they are going to show up is no reason not to go yourself.
    They just might appear and if you are not there an order could be issued against you. Make sure you file your answer to the restraining order with the court at least five days prior to the hearing.

  2. Lawrence Irwin Wolf

    Contributor Level 8

    1

    Lawyer agrees

    Answered . Generally if the accuser does not appear in court for the hearing the case is dismissed. However you should still file your answer to the restraining order with the court. In addition you should also keep in mind that depending on the allegations there could still be criminal charges filed.
    Please contact my office I would be happy to assist you with any further questions you might have.

    Lawrence I. Wolf, Esq.
    310 277-1707

  3. Leonard Norman Garber

    Contributor Level 2

    1

    Lawyer agrees

    Answered . Protect yourself by filling your answer.If the accuser shows up and you have no response the court may not consider your position. The court will dismiss without the accusser being there.

  4. Shawn Michael Haggerty

    Contributor Level 15

    Answered . Dismissal

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,828 answers this week

2,798 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,828 answers this week

2,798 attorneys answering