Is this technically a violation?

Asked 12 months ago - Citrus Heights, CA

I am the respondent in a domestic violence restraining order case and i wanted to get a continuance on my case for good cause its my first and only continuance and i wanted to know if its a violation if the courts deny my request because in California family code sec 243(d) it clearly states the respondent is entitled to one continuance

Attorney answers (2)

  1. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I don't know of any court that would deny the request provided you have good cause. I hope the good cause is that you are seeking an attorney to assist you because good cause means a good reason. Any old reason won't suffice. If you have good cause, then it is likely that you will have to stipulate that the TRO remains intact. If you don't stipulate, then anything goes. I wish you the best.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  2. Anne Marie Healy

    Contributor Level 14

    Answered . The code states that you can get a continuance in order to file a response. If you already filed a response, and you had no other good reason to request a continuance, such as in the process of retaining an attorney, the court does not have to grant you a continuance.

    I can be reached at 714-442-1522 if you have further questions. Before accepting any answer as a final answer,... more

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