How do I rescind a restraining order request in California ?

Business 4 views 3 answers
I was advised by police to file a No HAM order (for non-violent harassing neighbor) but court house mistakenly gave me paperwork for restraining order. When I asked about filing process they wouldn't give me answers so I didn't realize what I was requesting when I turned in completed paperwork (also recently suffered concussion in accident so it's hard for me to think). It wasn't until today when I picked up papers did I realize that I was schedule for a court hearing and was denied a temporary restraining order (which I never wanted in first place). I asked if I could rescind order but they refused to answer. I do not want to serve the papers nor go to court with the "restrained person". It will make my situation worse. How can I reverse this request & get a NO HAM order ? Thank you!

Attorney Answers

3
Thomas Fleming ·
A "No HAM" order is an order to not Harass, Annoy or Molest the protected person. If you don't want such an order, and you never requested one, then there probably is none. On the other hand, if the neighbor was arrested and charged, the court may have issued one against the defendant neighbor without your input. Check with the court clerk, under the neighbor's name, whether criminal charges have been filed against the neighbor defendant and whether the court ever entered such an order. Good luck.
0 upvotes
Peter Marek ·
Mr. Fleming's answer is spot on. Read it again. I would only add that you mistakenly filed for a TRO and the court denied it in your absence. There is nothing to rescind now that it is over. Good luck to you. Hope our answers help?
0 upvotes
John Kitta ·
I believe Mr. Fleming has covered all the basis, follow his advice. You might want to go to Court and have the clerk pull the file and take a look if any Orders were issued.
0 upvotes

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