Ashburn, VA asked in Criminal Law, Child Custody, Civil Litigation and Civil Rights for California

Q: Can you keep calling in “sick” to be excused from restraining order hearing?

The guy I’m trying to get a permanent restraining order against called in today and was excused because he was “sick”. They rescheduled it. I’m just worried he’s going to keep calling in to avoid the hearing

2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith PRO label
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: It is up to the court to decide. In the furtherance of justice or upon a showing of good cause, they can extend the hearing date and time.

James R. Dickinson
James R. Dickinson
  • Criminal Law Lawyer
  • San Bernardino, CA
  • Licensed in California

A: It would likely depend on whether he's actually sick [or has tested positive for, e.g., covid]. As you're aware, the courts are rightfully cautious during these times. Your temporary orders, if granted, should remain in place, provided you're requesting they be extended. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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