Legal Question in Civil Litigation in California

Failure to appear

I was issued a temporary restraining order with a date for a hearing. Today is that date and I've missed the bus to court. What is the penalty for failing to appear to such a hearing, and what can I do about it?


Asked on 7/18/06, 11:13 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Failure to appear

You just defaulted and allowed the order to become permanent. You could seek to set aside the default order, via a motion, and try to get a hearing set, but you shouldn't expect to succeed on the underlying protective order without very strong evidence and facts to show it is unnecessary.

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Answered on 7/21/06, 1:54 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Failure to appear

Since you missed the hearing, in all probability you are subject to a permanent restraining order. You snooze, you lose. Civil Code � 3527. What to do about it? Stay away from the protected person.

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Answered on 7/20/06, 5:03 pm


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