Daly City, CA asked in Child Support, Domestic Violence and Family Law for California

Q: If an alimony claim was filed in in July 2020 also a restraining order for violence, then the client used his one delay

Due to lack of a lawyer, than the lawyer pushed the hearing back 3 months, from September to December, then the lawyer dropped the client due to lack of payments, the client gets a new lawyer 3 weeks before the alimony hearing, can the case be pushed back again

3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

what state, county, court, judge?

but yes it is at the discretion of the judge...and with Covid, everything is up in the air.

hopefully, you have a lawyer who can fill the judge in on the past history.

Martha Bronson
Martha Bronson
Answered
  • Tracy, CA
  • Licensed in California

A: Continuances are disfavored and a matter within the discretion of the court - if this next continuance that you intend to ask for has the potential of causing prejudice to the other side, that will weigh heavy against you in the analysis - The attorney will need to make a very strong showing of need for the continuance... and should be prepared just in case the court does not grant it.

Martha Bronson
Martha Bronson
Answered
  • Tracy, CA
  • Licensed in California

A: Continuances are disfavored and a matter within the discretion of the court - if this next continuance that you intend to ask for has the potential of causing prejudice to the other side, that will weigh heavy against you in the analysis - The attorney will need to make a very strong showing of need for the continuance... and should be prepared just in case the court does not grant it.

You should also be prepared for the court to enter the alimony order retroactively to the date of their filing the RFO. BEST OF LUCK.

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