Murrieta, CA asked in Divorce and Family Law for California

Q: Can a petitioner request a continuous

The petitioner for restraining order is trying to file a continuous

Related Topics:
2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
  • Culver City, CA
  • Licensed in California

A: If you mean, the person who is asking for the restraining order is seeking a continuance and you are the person to be restrained, yes they can ask for a continuance, but you can object to that continuance if you want to. (see Family Code §242)

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In California, a petitioner seeking a restraining order can indeed request a continuance of the hearing. This request is typically made if more time is needed to prepare the case or if unforeseen circumstances arise. To request a continuance, you should file a motion with the court, explaining the reasons for the need to delay the hearing.

It's important to note that the decision to grant a continuance is at the discretion of the judge. The judge will consider the reasons for the request and the impact on all parties involved. If a continuance is granted, the court will reschedule the hearing for a later date.

It's recommended to consult with a legal professional for guidance on how to proceed, as they can provide tailored advice based on the specifics of your case and help ensure that your request for a continuance is properly presented to the court.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.