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California Law - question if the plaintiff did not show up

 
 
 

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California Law - question: if the plaintiff did not show up on the court date for temporary restraining order for Civil Harassment and the Judge dismissed the TRO. Can the plaintiff file again for a TRO on the same person? does the court gives the plaintiff enough time to explain why she was absent during court date and have the TRO revived? A TRO against me was dismissed yesterday because the plaintiff (who is twisted) did not show up in court. But I still feel that this is not over. Can she still file for another TRO? or make up an excuse as to why she did not show up that the court will honor? Is it really over?

Submitted: 1014 days and 15 hours ago.
Category: Legal
Status: CLOSED
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Thank you for contacting our JA team for guidance.

 

The plaintiff can file a motion to set aside the order, but a court would not be inclined to grant it unless she was unconscious in a hospital or something like that because she is the plaintiff and she failed to prosecute her case.

 

Yes, she can file another TRO, but the court can take into account the outcome of the previous hearing in determining whether or not to grant a temporary order or force her to provide evidence at a hearing before granting or denying a permanent order.

 

Please let me know if you need additional information.


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Expert: Tina
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Answered: 8/12/2009

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JD, BBA Over 20 years legal and business experience.

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