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How to withdraw one of my filings without prejudice (Family law)?

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I have filed a motion for request for order to modify custody and support. I also file an order to show cause for contempt. I would like to withdraw the contempt filing as it is my understanding that it is silly and a waste of time to even pursue it. can I use the CIV-110 form to withdraw it?? or do i have to draft something up on pleading paper to withdraw.. Please advise. Thank you

4 Attorney Answers

Best Answer
In family court, you simply need to call the clerk of the department & request them to take it off calendar. The form you are referring to is for civil cases. Good luck.
Best Answer
You can simply call the court or go in person and tell them you want to take it off calendar. Since you are the moving party, you can take it off calendar. However, if you already served the other side, and they filed a response, the court may require you to get their consent, in writing, in order to take it off calendar.
Best Answer
It is standard procedure to call the calendar clerk and advise him or her you want to take the matter "off-calendar." If you have served the contempt, you need to provide notice to the other party of the matter being taken off-calendar. As for a contempt action to silly and a waste of time, not always.
Best Answer
You can easily call the clerk in the department your hearing is set for and explain that you want to take that specific matter off calendar. If you are unable to do so, the day of your hearing you can verbally tell the judge that you want to be heard on the RFO you filed but would like to dismiss the contempt charges you filed.
Best of luck!

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