CALIFORNIA FAMILY CODE
EX PARTE TEMPORARY RESTRAINING ORDERS
ENTITLEMENT TO ONE CONTINUANCE
(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.