Cal. Fam. Code § 245
EX PARTE TEMPORARY RESTRAINING ORDERS
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2015
As of January 1, 2011
(a) The court may, upon the filing of a declaration by the petitioner that the respondent could not be served within the time required by statute, reissue an order previously issued and dissolved by the court for failure to serve the respondent. The reissued order shall remain in effect until the date set for hearing.
(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.
(c) No fee shall be charged for the reissuance of the order unless the order had been dissolved three times previously.
(e) A fee shall not be charged for the extension of the temporary restraining order.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.