Friday, August 12, 2011

Terminate/vacate Restraining Order?

The basis for ending a restraining order would be that you were not served with the summons, the facts presented at the hearing did not justify the order, or that the facts have changed since the order was issued. Oh, that's right, you did get a summons and you didn't go to the hearing, so the facts she presented were the only facts the judge heard, and those facts haven't changed. You sure showed her by ignoring the legal proceeding, didn't you? There is no Judicial Council form for a motion to vacate a restraining order. You will need to consult an attorney (which you should have done BEFORE you decided to deal with the proceeding by pretending it didn't exist), but I doubt that there is anything to be done now.

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