≡ Menu
Home > If A Temporary Restraining Order Is Never Served, Does It Just Expire?

If A Temporary Restraining Order Is Never Served, Does It Just Expire?

By its nature, a temporary restraining order (temporary order of protection) is intended to provide a short-term remedy, often until both parties can appear for a hearing before a judge.

An order of protection can’t be enforced until it is served, and if it’s never served, it can never go into effect.

Most temporary orders include dates by which service must be completed, as well as the return date of the motion.

If service is never completed and there’s no additional effort on the motion, the court will likely dismiss the motion and vacate the order.

The attorneys at Zelenitz, Shapiro & D’Agostino can help you understand the appropriate next steps for your situation.

Call us today at 718-599-1111 and talk to a Queens criminal defense attorney for free.