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Brandon M.
Brandon M., Counselor at Law
Category: Legal
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Experience:  Attorney experienced in numerous areas of law.
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If you have a restraining order filed against you but the filer

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If you have a restraining order filed against you but the filer does not show up in court, can the restraining order still be upheld against you?
Hello, my name is Brandon. The answer is normally "no", but it depends on the circumstances. Generally speaking, when a party to an action fails to appear for a scheduled court date, they give up their right to be heard. Naturally, if you have no right to be heard, you would normally lose your case. That doesn't mean that every type of court appearance requires a personal appearance, and it doesn't mean that the court can't continue the court appearance to a later date to allow the party to appear. If you're talking about a trial to determine if the restraining order should be issued, the a non-appearance by the party filing for the relief would normally be completely fatal to the case. However, if you're talking about an appearance at which no evidence is to be presented at the court (such as a calendaring matter) or something unrelated to the question of whether a restraining order should be issued (such as a motion for attorney fees), then it's entirely possible that the case would be able to continue.

It's mainly a question of evidence. To get the restraining order, the party requesting the relief has to prove that they need a restraining order and that they want a restraining order. If the purpose of the court appearance is to prove the necessity of the restraining order, then the party requesting protection can expect to need to appear.

Let me know if further clarification is needed. Thank you.
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