I was granted a TRO in which there was Move out Order, and No contact Order.
I do not wish to pursue a Permanent Restraining Order on the Respondent,
THE TRO order had a MOVE OUT ORDER in conjunction with the restraining order.
The respondent is gone, the locks are changed, and all of his belongings are removed.
I feel safe now, and do not want to take this any further . How do I respectfully ask the
Judge, to drop/ dismiss this case from going any further?
You show up at court on your court date and ask the judge to dismiss. You will not be able to bring this before the court again, and if you do your motives will be questioned. Domestic Violence Restraining Orders are no game.
If you filed this to get him out, without a proper motion, then that is an improper use of a domestic violence restraining order. Once granted you are in court within 21 days. I am baffled as to how you can "feel safe" in under 21 days just because he is out of the home.
This sounds strange...and if he goes to court you may have some explaining to do as to why this was filed.
Dawn M. Saenz is licensed to practice law in the State of California and the California Supreme Court, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation.
Since you obtained a kick out order, I have to assume that you demonstrated that your name was on title or on the lease, and not your partner's. If this is the case, you should go to court with a RO After Hearing form prepared for the judge. On that order, indicate that you continue to have exclusive use and control over the residence.
As for not feeling threatened, now that he's out, you will have to explain that to the judge. Not knowing what allegations you make in your Request, it is hard to predict how the judge will respond to that.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
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