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How do I get a continuence in family court for a trial in one week. Tell me what steps to take Monday need answer asap

Temecula, CA |

My ex filed contemp charges on me and the contempt hearing is set after the custody and visitation trial. They are both on the same issues. I cant say anything at trial or that can be used against me in contempt. I also want a lawyer. I havent been able to get one on short notice I had to let my last one go three weeks ago. The contempt charges I wont get into I dont think I am guilty of anything wrong but that doesnt matter right now what matters first is this trial that I cant go into pro-per with contempt charges....we have never continued this trial yet either

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Attorney answers 3

Best Answer
Posted

The court is the only one that can continue a trial. Agreeing with opposing counsel is not enough. You need to file an Ex Parte request to continue the trial. The earlier the better so the court has the ability to use the time for something else.
The Ex Parte or emergency hearing will need to tell the court why you need to continue the matter. Retaining new counsel is always a good excuse for a continuance. Needing an attorney to protect your constitutional rights on the contempt is a major issue.
The contempt trial should be heard prior to any custody and visitation trial due to your constitutional rights being protected.

Asker

Posted

If the judge denies this would it make good ground for an appeal...three weeks ago when I asked for a public defender for the contempt I was granted that but then the judge asked afterwards if I would plead guilty or not guilty and had me arraigned...one attorney I want to hire was in court and saw what happened he was soo upset for me I didnt know I was rail roaded which was his term not mine I had no idea what was going on...but this attorney said he cant get on my case unless its continued because he cant make the Next friday date for court

Asker

Posted

Pardon my mis spellings I am rushing these questions in between cooking

Edmund Lee Montgomery

Edmund Lee Montgomery

Posted

It is possible the court could deny the request for a continuance. That is not a ground to appeal as the court has the ability to control its calendar. If that attorney made the request to continue because he was not available he would have a better chance. Talk to several attorneys to see if one is available. Such short notice does make it more difficult but you do what you have to do to protect your kids.

Asker

Posted

I an dealing with an ex husband who loves to be in court....all his accusations are always found to be false but sadly I have to go through this again and again. I have attorneys tell me the contemp charges since they read them may bite my ex in the butt. They want to also file something called excessive litigation and another form to kick the judge off the case from what happened when he arraigned me showing biased.

Asker

Posted

Ok ..sigh so it sounds like it is better to have the attorney file for a continuence and not me for a better chance?

Asker

Posted

If so I have to have this happened monday

Edmund Lee Montgomery

Edmund Lee Montgomery

Posted

Have you even had a chance to talk with the Public Defender? Trying to change a judge is super difficult to do. Finding the Ex a vexatious litigant is a little hard but depends on the case history. Has a 3111 report or a 730 evaluation been done on the custody issues? Made be it should be continued to get a professional evaluation.

Edmund Lee Montgomery

Edmund Lee Montgomery

Posted

Ex Parte hearing in Hemet court are filed in the morning and a decision is usually that afternoon unless the court wants to have a hearing the next morning.

Asker

Posted

The 730 the second was done in June but findings dont follow the LaMachad (how do you spell that name) the Cali case that move aways even 45 miles should follow...the 730 was more concerned on my old mortgage payment and new rent payment and said he didnt think my reasons for moving were good enough....some attorneys said a 733 or a second evaluator would be better because the one we used is known to be against all move aways. The last 730 he placed the child in my school district said father was more focused on negative attention to mom than welfare of the child. Nothing there has changed but still 730 flip floped onlybecause of my move

Asker

Posted

Lesson learned here never start out Pro per again!!!!

Asker

Posted

the 730 says we are both good parents

Asker

Posted

But in 730 it reads child says father doesnt do much with him, he hates everything about his step mon because she talks bad about me and takes his stuffed animals from her and that I his mom is the one who spend all her time with him and who he does lots of things with and volunteers at his school etc .

Asker

Posted

But back on track this is why I need an attorney to show this information to the judge I cant do this on my own.

Asker

Posted

I got an attorney who was willing to take on case he got it continued but it was not easy he had to fight for it....anyone who has this situation make sure you have an attorney and my advice get an attorney at beginning of case ...going pro-per is not a good idea.

Edmund Lee Montgomery

Edmund Lee Montgomery

Posted

I am glad you were able to continue the matter. Good luck with your case.

Posted

I agree with Mr. Montgomery's answer. I believe it is possible to show up in court on the day set for the hearing on custody and request a continuance at that time based on (1) the fact that you have a contempt hearing coming up and (2) you plan on retaining counsel.

Good luck!

The answer to your question is not intended to provide you with legal advice you should rely on, only a general indication of what the law might provide. You may have provided only a limited description of your situation and I may be unaware of important facts that could affect your case. My answering your question does not create an attorney-client relationship between us.

Asker

Posted

Got attorney got a continuence but it was a fight now easy. Judge didnt want to but attorney went in closed chambers came out and judge changed his mind. Crazy how it was a fight

Posted

I agree with my colleagues. The judge will likely grant the continuance given the fact that the contempt is pending anyway. You may be entitled to legal representation on the contempt action but that attorney will not be your attorney on the other issue.

Information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

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