What if the Person Asking for Protection Does Not Come to Court Hearing?

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The person seeking protection MUST attend the court hearing.

If the person seeking protection is not in court by the time his or her case is called, the judge will probably have the case "dropped from the calendar." This means:

  • All Temporary Restraining Orders will end.
  • The request by the person seeking protection to receive Permanent Orders will not be heard.
  • If the person seeking protection wants the court to issue Restraining Orders in the future, he or she will need to start the process again with a new set of forms.

However:

If the person seeking protection knows ahead of time that he or she cannot attend the hearing, he or she can request that the hearing date be changed. To do this you need to fill out and file:

  • Request to Continue Court Hearing and Reissue Temporary Restraining Order (Form DV-115) Opens new window
  • Notice of New Hearing and Order on Reissuance (Form DV-116) Opens new window

To read an information & instructions sheet called "How to Ask for a New Hearing Date" (DV-115-INFO) in English, Spanish, Chinese, Korean or Vietnamese, click on the language you need:

If granted, this "Notice of New Hearing and Order on Reissuance" (Form DV-116) will keep in effect any Temporary Restraining Orders the person seeking protection has until the new court hearing date.

IMPORTANT:  If a "Notice of New Hearing and Order on Reissuance" form is not gotten, the person seeking protection will have to start the process all over again. 


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