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Did you receive a temporary restraining order when you filed? Was this for domestic abuse?
A Temporary Order of Protection will last until the date of your full court hearing. If you do not go to the hearing, your Temporary Order will expire and you will have to start the process over. If you cancel the Order, it may be harder for you to get another one in the future.
If he has not been served yet, you need to contact the court clerk immediately and let them know that you would like to cancel the temporary order. Particularly if he has already been served, I recommend that you go to court on 1/9/07and tell the judge that you would like to cancel the order.
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He does not need to have an attorney present. If you choose to go to court, it will be your word and his word, and I assume you are both in agreement that you would like the restraining order dropped.
The temporary restraining order expires on the court date. If neither you nor he are there for the court date, and no continuance was filed, the matter is not pursued further.
Go to the court and speak with the clerk. Indicate that you would like to cancel the temporary restraining order and court date. Take him with you when you speak with the clerk. If he still does not believe you, have him go to court with you so that you can both be present when you make your request to the judge to have it dropped.
Keep in mind, if it is dropped, it will be harder to obtain a restraining order in the future.
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