California Family Law Attorney

CALIFORNIA FAMILY CODE

EX PARTE TEMPORARY RESTRAINING ORDERS

RIGHT TO ONE CONTINUANCE

Family Code Section 245

(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.
(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.