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I filed a temporary restraining order on my wife 2 weeks we

Customer Question
have not had the hearing...
I filed a temporary restraining order on my wife 2 weeks we have not had the hearing yet. then i filed motion to dismiss and judge denied it. Why? what will happen at the hearing as I do not want this any longer.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: the TPO was issued
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 6 months ago.Category: Family Law
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Answered in 14 minutes by:
5/9/2017
Family Lawyer: RobertJDFL, Lawyer replied 6 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,036
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Family Lawyer: RobertJDFL, Lawyer replied 6 months ago

Good morning,

Because a temporary injunction is filed by a person seeking protection from another party, as a matter of policy, a judge will not dismiss the injunction prior to the final hearing. What a court does not want to happen is that a victim dismisses the temporary order before the hearing and then something happens to them. So where a person has filed a temporary injunction and no longer wants it, the court will make you attend the hearing and tell the judge what has changed since you requested the temporary order and why you no longer need protection.

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Customer reply replied 6 months ago
what if I just do not show up at the hearing?
Family Lawyer: RobertJDFL, Lawyer replied 6 months ago

As the petitioner, you would likely have your petition dismissed, and the temporary injunction dismissed as well.

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Family Lawyer: RobertJDFL, Lawyer replied 6 months ago

Was there anything I could clarify for your about my response, or some additional information you needed?

If you need clarification or additional information, please REPLY and I'll be happy to help further. Otherwise, please remember to leave a positive rating by clicking on the stars so I am credited for my time and assistance. ​ Thank you!

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Customer reply replied 6 months ago
Will I be on the hot seat if I simply tell judge I no longer feel threatened and just want to dismiss?
Family Lawyer: RobertJDFL, Lawyer replied 6 months ago

No, a judge may ask questions as to what the situation was that made you ask originally for the injunction and what has changed in the last couple of weeks that you feel it's no longer necessary, but you aren't going to get in trouble.

Or, alternatively, as I mentioned previously, if you don't show up and your wife doesn't show up for the hearing, in all likelihood, the court will dismiss the injunction.

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Family Lawyer: RobertJDFL, Lawyer replied 6 months ago

Was there anything I could clarify for your about my response, or some additional information you needed?

If you need clarification or additional information, please REPLY and I'll be happy to help further. Otherwise, please remember to leave a positive rating by clicking on the stars so I am credited for my time and assistance. This costs you nothing extra.​ Thank you!

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RobertJDFL
RobertJDFL
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Category: Family Law
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