Tracy, CA asked in Civil Rights for California

Q: Hi there, I’m the victim .. this is civil harassment case ..

Hi there, I’m the victim. I got temporary restraining orders against someone. And court hearing is this month .. I don’t want pursue .I want to dismiss or drop the case.. what happens if I don’t show up in the court..I just have one question, the judge wouldn’t take any actions against me if I don’t show up to the hearing and not Pursue the case? Thank you

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1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: It is your case to pursue or not. It is totally up to you. The judge is not likely to take any action against you if you decide to drop the case. Unless you are being intimidated by someone into dropping the case, or are being pressured by someone to withdraw your case, that may be a different matter. But if you sincerely wish to dismiss the case, you can do that on your own by filing a Request for Dismissal of the action. In order to protect yourself, however, against the other party trying to come back at you for any expenses they may have incurred defending themselves, you might want to make an agreement with the other party to dismiss the case in exchange for a waiver of any rights the other party may have. If you can get that agreement in writing from the other party, then you would be free to dismiss the case by filing the form Request for Dismissal of the action, either with prejudice or without prejudice. With prejudice means that you could not refile the same case at a later time against the same party. Without prejudice means you reserve your right to refile your case at a later time, as long as it remains within the statute of limitations for re-filing.

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