court hearing

CNC3

I put in an application for a safety order. Hearing is being held shortly. Would happens if i do not attend the hearing. Is it dismissed or am i held in contempt

thanks for any advice

CNC3

CNC3 wrote: »

I put in an application for a safety order. Hearing is being held shortly. Would happens if i do not attend the hearing. Is it dismissed or am i held in contempt

thanks for any advice

Any advice please?

MagicSean

Why would you not attend if its your own application?

CNC3

Anyone know the consequences for not attending?
Is it dismissed?
Or is a new date set?

Really appreciate an answer to my questions

Rachiee

I know you're only trying to keep your post on recent posts but its a bit spammy to post the same post three times. anyway dont know the consequences for not turning up but i'd say its risky in terms of wanting the complaint to be taken seriously, not to be seen as wasting the courts time, if you are in danger i think you should prioritise your safety and seek for the matter to be dealt with asap.

Whatever the legalities are do you want to give his or her solicitors any space to challenge the legitimacies of your complaint when you are not there.

MagicSean

CNC3 wrote: »

Anyone know the consequences for not attending?
Is it dismissed?
Or is a new date set?

Really appreciate an answer to my questions

If there is a genuine reason for not attending the date can probably be rescheduled. Up to the judge though. He might just throw out the application or, worse still, deny it. Domestic violence orders are very serious matters and can restrict the rights of the respondant to a great degree. If the applicant doesn't feel the matter is urgent or important enough for them to make an appearance then the judge might not believe the order is necessary.

blueythebear

If you do not want it to go ahead, contact the relevant court office to see about getting it struck out or else you'll have to turn up on the day and strike it out.

Not saying that this is the case with you, but far too often, safety and protection orders are sought for the wrong reasons in the heat of the moment. They can produce very serious results for the opposite party and because they're ex parte, the other side won't get a chance to put their own arguments forward on the day. These types of orders are for the protection of the applicant, not to punish a partner or spouse.

nuac

I agree with MagicSeán and Bluey terh bear.

If you cannot attend the reasons and any supporting documentation or certificates should be put on the court file.

Delancey

Failure to attend without prior notice and good reason has the potential to jeopardise any future applications you make.