California Family Law Attorney

CALIFORNIA FAMILY CODE

EX PARTE TEMPORARY RESTRAINING ORDERS

ENTITLEMENT TO ONE CONTINUANCE

Family Code Section 243
(a) When the matter first comes up for hearing, the petitioner must be ready to proceed.
(b) If a petition under this part has been filed, the respondent shall be personally served with a copy of the petition, the temporary order, if any, and the notice of hearing on the petition. Service shall be made at least five days before the hearing.
((c) If the petitioner fails to comply with subdivision (a) or subdivision (b), the court shall dissolve the order.
(d) If service is made under subdivision (b), the respondent may file a response that explains or denies the allegations in the petition. The respondent is entitled, as a matter of course, to one continuance for a reasonable period, to respond to the petition for orders.
(e) On motion of the petitioner or on its own motion, the court may shorten the time provided in this section for service on the respondent.
(f) If the response is served on the petitioner at least two days before the hearing, the petitioner is not entitled to a continuance on account of the response.