Restraining Order Case Dismissed due to Missed Hearing
Recently updated on April 18th, 2025 at 10:49 pm
If you miss your court hearing for a temporary restraining order (TRO) in California, several things can happen depending on whether you’re the petitioner (the person who requested the TRO) or the respondent (the person the TRO is against).
- If You Are the Petitioner:
- The judge may dismiss your case if you don’t appear at the hearing, meaning the TRO will expire, and no permanent restraining order will be issued.
- You may need to re-file for a new TRO if you still want protection, but you’ll have to start the process from the beginning.
- If You Are the Respondent:
- If you fail to appear, the judge can proceed with the hearing in your absence and may issue a permanent restraining order (usually lasting between 1 and 5 years).
- Not showing up means you won’t be able to defend yourself against the allegations or present any evidence, and the order will likely be granted based on the petitioner’s testimony.
For either party, if there’s a legitimate reason for missing the hearing (e.g., illness, emergency), it’s important to notify the court as soon as possible and possibly request a continuance (postponement) of the hearing.
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