Recent Feedback
What if I go to court and get a permanent restraining order against my boyfriend but then right away I decide I do not want to enforce it can I just not have him served with it and it will go away. I am only going to court to suffice my parents who hate him. Thank You very much for your input. I am in California.
Optional Information: State/Country relating to question: California
In order for the order to be valid it must be served on the other party and a hearing must be scheduled. Thus, if you apply for the order and never serve him it is not valid beyond the original 30 day temporary order. You cannot get a permanent order issued without serving the other party. Thus, if the other party is never served the temporary order expires within 30 days and its no longer valid unless the judge extends it to grant you more time to serve it and you need a new restraining order issued.
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So am I to understand that if he does not show up and the judge grants an order for 3 years I can just not have him served and it will not become valid. Thank You.
If he does not show up for the temporary hearing and was served then the court will grant the order and the court serves him notice on that permanent order and it will be valid. If he is not served on the temporary order then the court will not issue the permanent order at all and will either dismiss the temporary order or give you more time to serve him on the temporary order before dismissing it.