Legal Question in Family Law in Washington

there is a restranging order on me the court date is on tuesday do i have to be there


Asked on 9/03/11, 3:07 pm

2 Answers from Attorneys

Jonathan Baner Baner & Baner

Depends. If you or your attorney don't show up then most likely the temp order will be continued.

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Answered on 9/03/11, 5:15 pm
Amir John Showrai The Pacific Law Firm, PLLC

If I were you, I would appear. If the other side has proper proof of service, they can ask for the temporary order to be made into a final order on the basis that you were properly notified of the hearing and failed to appear. It is up to the judge to decide what to do. Many judges or commissioners will decide that if you knew and did not show up, they are not going to bother giving you a second chance. I think most commissioners or judges will give you a second shot, just in case you did not know what to do or have some special circumstance, but I would never count on it.

If you are not prepared to go forward on the day of the hearing, most judges will appreciate it if you at least appear, explain that you need time to either find an attorney or to prepare your written response and to serve it on the other side and have a copy filed with the court. You'll almost always get a continuance that way to properly prepare.

Keep in mind that respect for the court (judges) is paramount. If you don't even do them the courtesy of appearing, that's an insult to he court, especially when the judge read the paperwork in front of them and took time to prepare for your hearing. By showing up, you tell them that you appreciate their effort, and respectfully ask for more time. You'll almost always get the benefit of the doubt that first time to prepare.

Best of luck,

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Answered on 9/05/11, 3:59 pm


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