Expert Advice When You Need It Most

Are you entitled to a continuance if you are the defendant in a civil harassment order hearing? Can the judge deny you one?

I have read conflicting answers to this one on the internet. Is it your right to be granted a continuance (as the defendant) at a civil harassment hearing? Also, does a civil RO show up on your record, if a potential employer were to look into your background?

Save

Attorney answers (2)

Reputation Level 14
I am unaware of any statute or rule of court that gives a defendant a "right" to a continuance, and it would seem contrary to the purpose of the restraining order process. The purpose of a temporary and permanent restraining order is the threat of harm to the party seeking the order -- permitting a defendant to continue to have unfettered access to that individual by "demanding" a continuance would seem inconsistent with the intent of the statutory scheme.

Reputation Level 20
I would like to add some more to Mr. Hassen's response. Looking up the law on the internet is an exercise in frustration. We have special state law, specific federal law, and "multijurisdictional law" (which is effective in most states and not in all). Harrassment hearings in most states are considered emergency hearings; they are not full blown trials. In an harassment hearing some person has come to court and stated they need protection from someone who is harassing or even abusing them. While you may think the charge has no merit at all, the court knows neither party and so wants facts asap. If you want a continuance, hire a lawyer to argue it for you, and most times it is a waste of money because as good as the lawyer is, the judge runs the case, not the lawyer. In the past judges and the police often ignored desperate pleas for protection from petitioners with supposedly "imaginary" enemies. After several of these people wound up severely beaten or even dead, the courts and the police became very proactive. These hearings are not a joke, and violation of the terms of a restraining order can lead to incarceration. Discuss your options with a criminal defense lawyer in your state, and not by "looking up on the internet" law which does not exist in your state. States have varying rules as to access to RO information, most likely only violations are accessible , but you need to find out what the rule is in your state not in another one.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now