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Court no show for stay away order

Discussion in 'Civil Court, Procedure & Litigation' started by Gary Marinkovich, Oct 21, 2019.

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  1. Gary Marinkovich

    Gary Marinkovich Law Topic Starter New Member

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    Jurisdiction:
    California
    I filed a stay away/restraining order against a homeless person that couldn’t be found to serve papers to. What happens if I as the plaintiff do not show up on the court date which is 2 days away? Thanks
     
  2. Zigner

    Zigner Well-Known Member

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    The matter won't be heard if there is no proof of service. Also, the RO is not valid (even the temporary one) until service is made. If you don't show up, the matter will likely be dismissed, however, it makes more sense to show up and ask for additional time.
     
  3. Gary Marinkovich

    Gary Marinkovich Law Topic Starter New Member

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    If I do not want to ask for address time and don’t show up for court is that okay and the judge will probably dismiss the cases? O
     
  4. Zigner

    Zigner Well-Known Member

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    I already answered that question.
     
  5. army judge

    army judge Super Moderator

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    No one can give you LAWFUL permission to violate a court order, least of all anonymous people (in some cases Russkie bots) roaming/trolling the internet.

    If you are in possession of a court order (for whatever reason) you are best served to appear in court BEFORE the judge that signed the order at the appointed time and date inscribed upon the face of the order.

    Should you choose not to appear, uncomfortable consequences could befall you.

    If you no longer wish to pursue the restraining order, wouldn't it be easier to appear in court and "tell it to the judge"?
     
  6. zddoodah

    zddoodah Well-Known Member

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    You didn't file an order; you filed an application or petition for an order. Only the court can file an order.

    If you haven't served the respondent and filed proof of service and don't show up, the court will probably dismiss the case without prejudice.
     
    Zigner likes this.

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