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My partner has DV TRO against me & we've agreed to a continuance - do we HAVE to go to family court to present the continuance?

Capitola, CA |

Partner's represented by an attorney. I am not yet represented. (My reason for continuance is that I had pneumonia for 2 weeks, hospitalized for 3 days.) Partner's atty says we have to appear in order to keep the orders in place temporarily. I was told by a DV advocate that any attorney or paralegal can submit our agreement to continue without us present. I think the other attorney is lying to me about the law and process - do we need to attend Family Court for this?

Attorney Answers 1


An attorney or party can appear to request that the Court temporarily re-issue the TRO to be heard on another date. Personal appearance of all parties is not necessary. However, it would be best if you can appear by phone on the date of the hearing or provide notice to the Court prior to the hearing that you cannot appear due to illness and you have an agreement for the continuance. If the attorney appears and, for some reason, does not abide by your agreement to the continuance the hearing will go on without you and a Restraining Order could be put in effect without your appearance.

Warning: This information is not intended to constitute legal advice and should not be relied upon in lieu of consultation with appropriate legal advisors. Further, this response does not constitute an attorney-client relationship and any privileges associated with that relationship.

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Thank you Ms. Labranch! Is there a law/code I can that I can refer to that basically says "all parties do not have to be there"?

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