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If i filed a restraining order and it was granted, if i decide not to do it or go to hearing what happens?
Anonymous2 views3 answers
My husband had hit me while our 1 year old son was present. I got a temp restraining order granted. I don't want to go through with it. If i don't show up and he doesn't show up, but he responded. What will happen to both of us?
If no one shows up, the TRO will be vacated, and the matter dismissed. The moving party must be present for the restraining order to be extended past the hearing date.
If you do not appear in court, the TRO will be vacated. In order for the order to be finalized, the moving party must appear in order for the court to hear the evidence. If both parties do not appear, the case will be vacated in its entirety. Make sure that you are safe, as well as your child before you make any final decision. However, although hopefully it never happens again, you should file a restraining order and attach a copy of the prior restraining order as well. Good luck.
