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what happens at a restraining order court hearing?
I have a restraining order domestic violence court hearing tomorrow at 9. I want to drop the case in other words cancel it during the hearing. I live in San Diego California
4 Answers
- Anonymous7 years ago
If the hearing is a criminal proceeding for violation of the order, you cannot force the prosecutor to drop it, but you can ask. Sometimes they will do so, sometimes they will not.
If the proceeding is in the case in which the order was issued, you can certainly abandon the proceeding. You are the plaintiff and no orders are issued that you do not want.
Source(s): 40 years as a criminal defense attorney - davidmi711Lv 77 years ago
In almost all cases the restraining order is issued. You still can not drop the case, only the DA can.
- Beverly SLv 77 years ago
If police were called during the disturbance they won't allow it to be dropped. It's up to the District Attorney.
- Anonymous7 years ago
you will also lose your gun rights
