Continuances in TRO Hearings

Does the Respondent Have A Right to a Continuance?

Yes. When the respondent appears to defend a domestic violence restraining order, he has an automatic right to continue the matter. He can ask the Judge for a continuance if he was not served with the ex parte notice. Family Law Code §243 (d) states that "the respondent is entitled, as a matter of course, to one continuance for a reasonable period, to respond to the petition for orders." What this basically means is that if someone gets a TRO, without telling you they were going to court, you can appear at the hearing date and ask to continue the matter. Most respondents use this time to hire an attorney or better prepare their case. Should you need assistance with your case, please visit our website.

Categories: Restraining Orders