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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37003
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I filed for a temporary protective order against my

Customer Question

I filed for a temporary protective order against my boyfriend, it was in the heat of the moment and I want to dismiss it before the final hearing. How can i dismiss it?
JA: What state are you in? It matters because laws vary by location.
Customer: Maryland
JA: Has anything been filed or reported?
Customer: Yes a temporary order was filed
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can i dismiss it?
Submitted: 6 months ago.
Category: Legal
Customer: replied 6 months ago.
How do i dismiss it?
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Has the order actually been granted yet or is it scheduled for a hearing to see if it should be granted?

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thanks

Barrister

Customer: replied 6 months ago.
I currently have a temporary order but the final hearing is about a week away
Expert:  Barrister replied 6 months ago.

Ok, only the judge can dismiss the order since he is the one who put it in place. You wouldn't be able to get this back in front of a judge before then, but if you just don't show up to the final hearing, then the judge will typically dismiss it and not converted to a permanent order. Boyfriend will definitely want to appear for the hearing and move that it be dismissed if the judge doesn't do so on his own..

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thanks

Barrister

Customer: replied 6 months ago.
What if i show up to the hearing a ask for it to be dismissed?
Customer: replied 6 months ago.
If him and i both end up showing up and i move that it be dismissed do you think it will get dismissed
Expert:  Barrister replied 6 months ago.

You can do that as well, but the judge could refuse to do so. If you don't show up at all, then it will be dismissed by default because the "accuser" is not following through to pursue the complaint...

Customer: replied 6 months ago.
if he goes, and I fail to appear the case will be dropped. Will the judge ask him if he wants to dismiss the case? Or will it automatically be dismissed.
Customer: replied 6 months ago.
Also will I get in trouble if I do not show up in court on my hearing date? Will they come arrest me or anything?
Expert:  Barrister replied 6 months ago.

So if he goes, and I fail to appear the case will be dropped. Will the judge ask him if he wants to dismiss the case? Or will it automatically be dismissed.

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The judge should dismiss it on his own motion.

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Also will I get in trouble if I do not show up in court on my hearing date? Will they come arrest me or anything?

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No, you are not under any order to appear. So you can choose not to pursue the case if you want to as it was initiated for your benefit.

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thanks

Barrister

Customer: replied 6 months ago.
just to make sure I understand this fully, I should not go to my scheduled court date for the final hearing and the judge will dismiss the case? Is there any chance he won't dismiss it?
Customer: replied 6 months ago.
Also how will I know if he dismisses the case if I fail to appear in court?
Expert:  Barrister replied 6 months ago.

So just to make sure I understand this fully, I should not go to my scheduled court date for the final hearing and the judge will dismiss the case? Is there any chance he won't dismiss it?

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Yes, I really can't make it any clearer.. And if the complaining party (i.e. you) then there is no one to pursue the other side so the case has to be dismissed.

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The court should mail you a disposition of the case letter if they have your address. Or you can call the clerks the next day and just ask them what happened in the case.

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thanks

Barrister

Customer: replied 6 months ago.
thank you
Expert:  Barrister replied 6 months ago.

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have addressed all your questions, I would very much appreciate a positive rating by clicking on the stars, smiley faces, or numbers on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister