Legal Question in Family Law in California
I placed a temporary restraining order which was granted by the clerk. I no longer want to proceed about do this and do not wish to even go to the hearing. How can I cancel this procedure ? Do I need to go to the clerk's office before the hearing date to fill out another paper work ? If do not show up does the case get dismissed right away ? Even if I don't show up can the judge decide to have a different hearing date or can the judge continue the case without me being there ? Thank you.
2 Answers from Attorneys
You must show up to your court date and request that the court dismiss the action. You should be careful about not showing up because it will look poorly on you, in case in the future if you need to file another restraining order, your credibility with the court may suffer. You should explain your situation to the judge and why you want to dismiss the case.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
Clerks don't issue restraining orders, judges do. Some counties have a form whereby both parties to the restraining order can request that it be cancelled. I would check with your courthouse to determine whether there is, and whether you will need that form.
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