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
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 based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
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, you should have your case reviewed by an attorney. No attorney on Avvo has read your paperwork and therefore cannot give a completely valid answer suited to your case.