This is not a question that has any real answer. Cases get continued for all kinds of reasons, and it's not the number of continuances that matter but the reasons for those continuances. A defendant in California does have the right to a speedy trial. Here is the law as to Speedy Trial in California, which looks pretty favorable for the defense, But in fact, very few cases actually get dismissed on speedy trial grounds because the speedy trial "clock" can get stopped on consent, for administrative reasons, or upon a showing of good cause. It is not unusual for a trial-bound case to pend for a year or more before it finally proceeds.___________If I've helped, please click the green Accept button so I can get credit for my work.Live Chat will close but you can continue to post follow-ups on this thread if you need clarification.
for the (restraining order) matter in family court, will the judge consider my request to maintain the order if i state that i am truly afraid of this person? i am just nervous that the restraining order will be dismissed without my consent.
You posted this matter in the Criminal Law category. Is there a defendant being prosecuted for violating this order? If there is, and you have a Family Court order, the fact that the defendant has violated the order and been arrested will be good evidence that you have a clear and convincing reason to be afraid of this defendant.
You know, of course, that you'll have to come to court for the judge to grant you the extension and that the defendant will get a chance to show evidence that he is not really a threat to you. But a judge would be able to decide on the basis of the evidence, and generally unless something looks way out of line, they would be inclined to extend the order.
what would you recommend the best or effective approach to this?
This is a Family Court hearing, I'm assuming. The purpose of it is for you to demonstrate that you need the order. You'll get the opportunity to present whatever evidence you have. If the defendant has been arrested for violating the first order, you could present that to the judge. If you have witnesses that have been with you when he's threatened you or harassed you, or put you in fear of the defendant, they would get an opportunity to tell the court what they saw.
If he sent you any correspondence that threatened or alarmed you -- email, text messages, letters, you could show this to the judge too.
This is a hearing and a lawyer isn't necessary. The judge would help you through it.
(or should anyway. .. )
If this is a Criminal matter, a DA will be there and will prepare you for testifying before you have to do so.
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since he requested for a continuance in july on the criminal case, should i request in our hearing next wednesday to have that hearing be continued so that he settles the criminal case first?
i think that his attorney may have purposely asked to extend it in hopes that my case would be dropped and the current order enforced by the criminal court judge would only be good for a year or less, if he completes any program asked of him.
i'm just trying to protect myself.
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