Yes, in many cases. If a domestic violence restraining order request was filed against you, California law gives you one continuance of the hearing, for a reasonable period, so you can respond; you have to ask for it, but you do not have to show good cause. Either side can ask for more time after that, and the judge has to agree if there is good cause. A temporary order that is already in place normally remains enforceable through the postponed hearing.

Your first continuance as the respondent

As the respondent, you get one continuance “as a matter of course” (Family Code section 245(a)). It is limited to a reasonable period, and its purpose is to give you time to respond to the petition. You do not need to show good cause for this first continuance. The Judicial Council’s request form, DV-115 (Request to Continue Hearing), has a box for exactly this: “I am the restrained party, and this is my first request to reschedule the court date.”

That matters because of how fast these cases move. You must be personally served with the petition, any temporary restraining order, and the notice of hearing at least five days before the hearing, unless the court has shortened that time, and once served you can file a response that explains or denies the allegations (Family Code section 243(a)-(c)). If five days, or a shortened period, is not enough time to find a lawyer, gather records, or prepare a response, this first continuance is how you get that time.

Asking for more time after that

Beyond the respondent’s first continuance, either party, petitioner or respondent, can ask the court to postpone the hearing, and the judge must grant the request if good cause is shown. The request can be made in writing before or at the hearing, or orally at the hearing itself, and the court can also continue the hearing on its own motion (Family Code section 245(b)). The statute does not define good cause, so whether a particular reason is enough is up to the judge on the facts.

DV-115 lists one reason for the person asking for protection: needing more time to have the restrained person personally served. And if, after diligent efforts at personal service, the court allows another method of service because there is reason to believe the restrained person is evading service, it must grant a continuance to allow that service (Family Code section 6340(a)(2)).

What happens to a temporary order while the case is continued

A continuance does not cancel a temporary restraining order that has already been issued. Unless the court orders otherwise, the order remains in force through the end of the rescheduled hearing, and the court can modify or terminate it at the same time it grants the continuance (Family Code section 245(c)). If the order is extended, it must state the new expiration date on its face, and there is no fee for the extension (Family Code section 245(d)-(e)). In practice, a continuance normally moves the hearing date. It does not, by itself, remove the protections already in place.

Why the hearing date matters

A hearing on a domestic violence restraining order petition generally must happen within 21 days of when the temporary order was granted or denied, or within 25 days if the court finds good cause (Family Code section 242(a)). If the hearing is not held within that window, the court can still hear the case later, but the temporary order stops being enforceable unless it has been extended under section 245 (Family Code section 242(b)). That is why the continuance order matters when a hearing is postponed: it is what keeps a temporary order in effect past its original date.

What to do if you need more time

  • Ask early, in writing if you can, on form DV-115. A written request filed before the hearing tells the court, and the other side, what you need and why.
  • If you are the respondent asking for your first continuance, check the box for a first request; you do not need to give good cause.
  • For any later request, be specific about the good cause: what you still need to do, and why the current date does not allow it.
  • Until the court grants the request, plan to attend the hearing on the date in your notice of hearing. Check that notice and any order you were served with for the real dates rather than guessing.
  • If a temporary order affects contact, custody, or firearms, treat it as still in effect through the continued hearing unless the court has ordered otherwise, and check the extended order for its new expiration date.

Next steps

A restraining order case moves on a short timeline, and the rules on continuances, temporary orders, and responses interact with each other. If you are deciding whether to ask for more time, a lawyer at the Law Offices of David S. Chesley can read your notice of hearing and any temporary order with you. Call (800) 755-5174 to talk it through.