Q: Rescheduling DVRO Hearing to an Earlier Date

A: Under California law, you have the option to file Form DV-115, the Request to Continue Court Hearing and to Reissue Temporary Restraining Order, to reschedule a Domestic Violence Restraining Order (DVRO) hearing. This form is typically used to request a postponement of the hearing, but it can also be used to request an earlier hearing date. When filling out the form, clearly indicate your desire for an earlier date and provide valid reasons for this request.

Regarding your second question, even if you were not formally served but have knowledge of the TRO and have responded to it, you should be able to use Form DV-115. It's important to explain in the form that you were not formally served but became aware of the TRO and have taken steps to engage with the process. The court will consider your circumstances and the reasons for requesting an earlier hearing date in deciding whether to grant your request.

Remember, it's crucial to act promptly and follow the correct procedures to ensure your request is considered by the court. You might also want to keep in touch with the court clerk to stay updated on any changes or additional requirements.

A: Without knowing any of the facts that led to the DVRO and not knowing the level of violence or what type of DVRO there could be extenuating circumstances that would make the typical general answers about DVRO inapplicable. Generally speaking, the responding party to a DVRO has the right to one continuance outright, without having to show good cause. However, it is highly unlikely any court will give you an earlier date that it is already set at because the court's calendars are usually so crowded that the first available dates to set a hearing are six or more weeks from the date you are asking for the new court date. It should not matter whether you were personally served or not for purposes of asking for a continuance. Best of luck.