Court no show for stay away order

[Gary Marinkovich]

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

 

[Zigner]

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

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.

 

[Gary Marinkovich]

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.

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

 

[Zigner]

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

I already answered that question.

 

[army judge]

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

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"?

 

[zddoodah]

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?

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.