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I have an urgent question about getting a CONTINUANCE on a RESTRAINING ORDER as a RESPONDENT (in California).

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Hello,I have an urgent question...
Hello,I have an urgent question about getting a CONTINUANCE on a RESTRAINING ORDER as a RESPONDENT (in California).
I am disabled and have a serious medical conditions that have dramatically worsened over the last few months to the point where I can no longer (at this time, prior to treatment) prepared for or attend a long court hearing - these conditions are documented by an orthopedic specialist who diagnosed me as permanently disabled, and by my primary physician who notes my worsening state.I filed a restraining order against an ex-girlfriend, and about a month and a half later she filed a retaliatory restraining order against me. She cases are scheduled to be heard together (since the judge determined they are related) in EIGHT DAYS.I know how to, and have, filled out all of the paperwork to request a continuance and reissuance of my restraining order, but I do not know what I need to do to request a continuance of my ex's related restraining order.I know that I am entitled to 1 mandatory continuance as a respondent in the state of California, and I have not used this continuance yet. But what do I do?
What forms must I fill out?
How do I request a continuance, especially since they're supposed to be heard at the same time, and I would not be able to last very long during the almost 3-hour "evidentiary hearing" scheduled.Thank You!!
Submitted: 1 year ago.Category: Family Law
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6/7/2016
Family Lawyer: CalAttorney2, Attorney replied 1 year ago
CalAttorney2
CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
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Dear Customer,

You need to file "DV-115" (request to continue domestic violence order) http://www.courts.ca.gov/documents/dv115.pdf

INSTRUCTIONS: http://www.courts.ca.gov/documents/dv115info.pdf

(If you are in a true "Civil Harassment Restraining Order" (as opposed to domestic violence), use form CH-115: http://www.courts.ca.gov/documents/ch115.pdf)

(These are routinely granted, it is easy to complete and easy to present to the court).

This packet IS NOT REQUIRED FOR WHAT YOU NEED, but it does give you information on how to file this kind of motion in a step by step fashion (https://saclaw.org/wp-content/uploads/sbs-requesting-an-ex-parte-order.pdf - it says "order shortening time" - but really the motion is simply to change calendering for the court).

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Customer reply replied 1 year ago
Thank you for your response! Yes, I've prepared the DV-115 and DV-116 for the restraining order (domestic violence) that I initiated. I've done that before a couple times. It's short notice, but I very much hope that the judge will grant the continuance and reissuance.I also prepped the DV-115 and DV-116 for the restraining order in which I am the RESPONDENT, and there is nowhere for me to indicate that I, as the respondent, am asking for this continuance. There is no place to sign on the DV-116, in particular, and when I called the Superior Court clerks, they told me that I couldn't use the same procedure (DV-115 and DV-116) to ask for the continuance because it wasn't "my case". I was told that another process needed to be used, and when I asked what process, I was told that the clerks could not give legal advice!I've tried searching the internet for hours, but have come up with nothing. All I have found is that I am entitled to one mandatory continuance as a respondent. So what is the process I must use to request/obtain this continuance?Thank You!
Family Lawyer: CalAttorney2, Attorney replied 1 year ago

Use the template that I provided above for the "ex parte order" (the motion to "shorten time" - you are asking the court to continue your hearing).

The time frame that you have to continue the hearing is set out by statute:

  • (f) A temporary restraining order issued under this section shall remain in effect, at the court's discretion, for a period not to exceed 21 days, or, if the court extends the time for hearing under subdivision (g), not to exceed 25 days, unless otherwise modified or terminated by the court.

    (g) Within 21 days, or, if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition for the injunction.  If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.

    - See more at: http://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-527-6.html#sthash.uRp7xuYi.dpuf
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CalAttorney2
CalAttorney2
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Category: Family Law
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