What can be done with a restraining order that was not followed through by the one who initially filed for it?
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What can be done with a restraining order that was not followed through by the one who initially filed for it?
I am unable to receive county aid or medical assistance because their system only shows the restraining order being filed against me, yet it never even reached a mediator or a judge.
Asked on June 19, 2012 under Criminal Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If a petition for a restraining order has been filed against you, has not been served and has simply sat for a long time without any attempts to serve you with it resulting in the issues that you have written about, your options are as follows:
1. ask the person who filed the pleading to dismiss it;
2. you file your own motion with the court to dismiss the action due to lack of activity as to it.
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