California Family Code 245 – (a) The respondent shall be entitled, as a matter of course, to …
(a) The respondent shall be entitled, as a matter of course, to one continuance for a reasonable period, to respond to the petition.
(b) Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
Terms Used In California Family Code 245
- Continuance: Putting off of a hearing ot trial until a later time.
- order: include a decree, as appropriate under the circumstances. See California Family Code 100
- Respondent: includes defendant, where appropriate. See California Family Code 127
- State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(c) If the court grants a continuance, any temporary restraining order that has been issued shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(d) If the court grants a continuance, the extended temporary restraining order shall state on its face the new date of expiration of the order.
(e) A fee shall not be charged for the extension of the temporary restraining order.
(Amended by Stats. 2015, Ch. 411, Sec. 6. (AB 1081) Effective January 1, 2016.)