Q: Can I request a postponement, by one day on an ex parte order for a restraining order?
I'm having a friend go in on my behalf. I can't make it due to a possible admittance into drug rehab. I got served one day before hearing. Need to postpone by one day.
A: It probably depends on the judge. You may be able to call the clerk on the day of the hearing, since there may be no time for an ex parte hearing between the time you were served and the actual hearing. If the matter is postponed, the restraining order will stay in effect. If you do seek a continuance, you may want to indicate that it is for the purpose of obtaining a lawyer, since you probably don't want to admit an issue with drug abuse even before the judge actually starts hearing the case.
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