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

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2 Lawyer Answers

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
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Answered

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.

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