Legal Question in Civil Litigation in California

Court Appearance for Restraining order

what happens if you're filed a restraining order and don't show up to court on court date? What's the worse case scenario? and what's the usual case?


Asked on 4/13/07, 4:41 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Re: Court Appearance for Restraining order

If I were the judge and you were in Virginia and had filed a restraining order against someone in California, and failed to show up for the hearing, I would set an Order to Show Cause for you to come to court and explain why A) you should not be sanctioned for your vexatious conduct and B) why you should not be declared a vexatious litigant under the terms of California's vexatious litigant statute.

I cannot for the life of me understand how a California restraining order would protect someone in Virginia, or why you would even need one other than for purposes of harassment.

Very truly yours,

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Answered on 4/13/07, 7:37 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Court Appearance for Restraining order

In most cases, the court would simply dimsiss the case without prejudice. If the opposing party appeared, the court could deny our restraining order with prejudice to your right to file for a new restraining order. If the other person filed a counter petition, you could end up with a restraining order against you.

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Answered on 4/13/07, 5:14 pm


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