Getting a Continuance of a Restraining Order Hearing in California

Quick answer: Yes, you can postpone a restraining order hearing in California. A respondent is entitled to one continuance “as a matter of course,” with no need to show good cause, for a reasonable period to respond to the petition. This right is set out in Family Code § 245 for domestic violence cases, Code of Civil Procedure § 527.6(o) for civil harassment, § 527.8(p) for workplace violence, and Welfare and Institutions Code § 15657.03 for elder abuse. Further continuances require good cause. You can request one in writing before the hearing (for example, on form DV-115 or CH-115) or orally at the hearing. The trade-off is that any temporary restraining order normally stays in effect until the new hearing date, so the respondent lives under it longer.

Key Takeaways

• Respondents get one continuance as a right, without proving good cause.
• Additional continuances require good cause, and the court decides.
• Either side can ask. The court can also continue a hearing on its own motion.
• The temporary order is extended to the new date unless the judge orders otherwise. The judge can also modify or end it when granting the continuance.
• No fee may be charged for extending a temporary order in domestic violence cases (Fam. Code § 245).
• Whether to continue is strategic. Time to prepare has to be weighed against more weeks of move-out, no-contact, custody, and firearm restrictions.
• Do not miss the original hearing assuming it will be continued. Unless the court has granted the continuance, the hearing goes forward.

The Law on Continuances by Restraining Order Type

Form numbers reflect current Judicial Council naming. Confirm the current version with the court before filing.

What “One Continuance as a Matter of Course” Means

The statutes give the respondent one continuance for a reasonable period to respond to the petition. In practice:

• No justification is required. You do not have to prove good cause for the first request.
• “Reasonable period” is not defined in days. Judges commonly continue hearings for a few weeks, depending on the calendar and the reason. You can ask for a specific date and explain why it is reasonable.
• It is the respondent’s right, used once. A second request, or a request by the petitioner, needs good cause.
• It is not automatic unless you ask. You must make the request in writing or orally at the hearing. If you simply do not appear, the hearing can proceed without you.

Common Good-Cause Reasons for Additional Continuances

• A key witness is unavailable on the hearing date.
• Records or evidence have been requested but not yet received, such as phone records, police body camera video, medical records, or school or employment records.
• Newly retained counsel needs time to prepare.
• The respondent was served shortly before the hearing.
• A related criminal case is pending, and testimony could affect the respondent’s Fifth Amendment rights.
• The petitioner served new declarations or evidence shortly before the hearing.
• Illness, a medical emergency, a military deployment, or a scheduling conflict that cannot be moved.
• The parties are actively negotiating a resolution.

Good cause is decided case by case. Bring documentation, such as a subpoena receipt, a doctor’s note, or proof of the records request, to support the request.

How to Request a Continuance

Option 1: In Writing Before the Hearing

1. Complete the request form for your case type (DV-115, CH-115, EA-115, WV-115, or GV-115). State whether this is your one continuance as of right, or explain good cause.
2. Complete the proposed order form (DV-116, CH-116, EA-116, WV-116, or GV-116), where the court will set the new date and address the temporary order.
3. File the request with the court. Courts handle these differently. Some decide on the papers, some set the request for a short hearing, and some require notice to the other party under the court’s ex parte rules.
4. Give notice to the petitioner as the court requires, and serve the order granting the continuance.
5. Do not assume the continuance is granted until you have a signed order. If it has not been signed, attend the original hearing.

Option 2: Orally at the Hearing

Many respondents, especially those served shortly before the hearing, simply appear on the hearing date and ask the judge for a continuance to prepare a response. Because the first continuance is a statutory right, this is often granted on the spot. Bring a calendar with dates you and your witnesses are available. Expect the judge to extend the temporary order to the new date.

Option 3: By Agreement

The parties can agree to continue the hearing, often by signing a stipulation submitted to the court. Agreements should address the temporary order’s terms during the continuance. Do not communicate with the petitioner directly if a no-contact order is in place. Agreements should go through counsel or the court process.

What Happens to the Temporary Restraining Order

When a hearing is continued, the temporary restraining order normally remains in effect until the end of the continued hearing, unless the court orders otherwise. Family Code § 245 allows the court to modify or terminate the temporary order when granting the continuance, requires the extended order to state its new expiration date on its face, and prohibits charging a fee for the extension. The civil harassment and workplace violence statutes contain similar provisions.

That means a continuance request is also an opportunity to ask the court to adjust the temporary order. For example, you might ask the court to:

• Allow peaceful contact for co-parenting or child exchanges.
• Reduce a stay-away distance that prevents you from working or attending school.
• Allow a supervised visit schedule while the case is pending.
• Allow you to retrieve personal belongings with a civil standby.

The court is not required to make these changes, but a respondent who is complying fully and offers reasonable proposals is in the best position to ask.

Should You Ask for a Continuance? The Strategic Trade-Off

No single factor controls. Respondents with a criminal case often benefit most from time, because the restraining order hearing can otherwise become a preview of the prosecution’s case. Respondents excluded from their homes often benefit most from moving quickly.

Continuances When the Petitioner Has Not Served You

If the petitioner has not completed personal service before the hearing, the court may continue the hearing so service can be completed, and may reissue the temporary order. Under California law, a domestic violence respondent generally must be personally served at least five days before the hearing (Fam. Code § 243), and civil harassment respondents within the time set in Code of Civil Procedure § 527.6(m), unless the court shortens time. If you learn of a petition but have not been served, speak with counsel before contacting the court. Appearing can sometimes waive service issues.

Continuances and Related Criminal Cases

When a restraining order is filed after an arrest, the criminal case and the restraining order case can run side by side. Testifying in the restraining order case can create transcripts the prosecution may use, and declarations are sworn statements. Options to discuss with counsel include:

• Using the one continuance as of right to gain time.
• Requesting a good-cause continuance until the criminal case is resolved or charging decisions are made.
• Proceeding while asserting the privilege against self-incrimination as to specific questions, and relying on other witnesses and documents.
• Negotiating terms that avoid a contested hearing.

Judges balance the respondent’s constitutional rights against the petitioner’s interest in a timely hearing, so the outcome depends on the facts. Note that a criminal court may also issue its own criminal protective order under Penal Code § 136.2, which is separate from the civil order.

How Judges Decide a Good-Cause Continuance Request

Once the respondent’s continuance as of right has been used, or when the petitioner asks, the court weighs the request against the purpose of restraining order law: prompt hearings for people who say they need protection. Judges commonly consider:

• The reason for the request and whether it is documented.
• Diligence. Did the requesting party act promptly, or wait until the last minute?
• Prejudice to the other side, including how long the temporary order has already been in place.
• The number of prior continuances and who requested them.
• Whether a shorter continuance would solve the problem.
• Whether the temporary order can be adjusted to reduce prejudice during the delay.
• Constitutional concerns, such as a respondent’s privilege against self-incrimination when a criminal case is pending.

A concise written request that addresses each of these points, with supporting documents, is far more likely to be granted than a general request for “more time.”

Continuances in Domestic Violence Cases With Custody Orders

When a domestic violence petition includes temporary custody and visitation orders, a continuance extends those orders as well. Many courts also refer custody issues to Family Court Services for mediation or Child Custody Recommending Counseling before the hearing. That referral can affect scheduling. Before requesting more time, consider:

• How long you have already been without contact or with limited contact with your children.
• Whether you can ask the court to set interim visitation, supervised visitation, or a schedule of child exchanges as part of the continuance order.
• Whether the delay affects the timing of a Family Court Services appointment.
• How the outcome may affect custody under Family Code § 3044, which creates a rebuttable presumption against custody for a parent found to have committed domestic violence within the past five years.

See how DVROs affect child custody.

Alternatives to a Continuance

A continuance is not the only way to buy time or reduce risk. Depending on the case, alternatives may include:

• Proceeding with a focused defense on the strongest issues, rather than delaying to address every allegation.
• Negotiating a resolution, such as a dismissal, a mutual agreement to stay apart without a restraining order, or narrower terms. Any agreement should be reviewed for its effects on firearms, custody, and immigration.
• Asking the court to modify the temporary order now, rather than living with it longer.
• Appearing remotely, where the court allows it, to avoid travel-related scheduling conflicts.
• Submitting declarations from unavailable witnesses, while recognizing that judges may give more weight to live testimony.

Example: How a Continuance Typically Unfolds

1. Day 0: the petitioner files, and the court issues a temporary order with a hearing about three weeks out.
2. Day 16: the respondent is personally served, five days before the hearing.
3. Day 17: the respondent retains counsel and complies with the firearm relinquishment requirement.
4. Day 21 (hearing): counsel appears and requests the respondent’s one continuance as of right. The court continues the hearing about three weeks, extends the temporary order, and, on request, modifies it to allow peaceful contact for child exchanges.
5. Days 22–35: counsel files and serves the written response, declarations, and exhibits, and subpoenas records.
6. Day 42 (continued hearing): the contested hearing proceeds with the respondent fully prepared.

Actual timing depends on the court, the type of case, and the judge’s calendar.

Continuances, Remote Appearances, and Interpreters

Two practical issues often drive continuance requests: the ability to attend in person, and the need for an interpreter.

• Remote appearance. California courts increasingly permit parties and witnesses to appear remotely in restraining order hearings, and the Legislature has expanded remote appearance rights in civil harassment proceedings. Before requesting a continuance because of travel, distance, or work, check whether the court will allow you or a witness to appear by video. Some courts require advance notice on a specific form.
• Interpreters. If you or a witness needs an interpreter, request one from the court as early as possible. Courts provide interpreters in many restraining order proceedings. If one is not available on the hearing date, a continuance may be necessary and is ordinarily good cause.
• Disability accommodations. Requests for accommodations are made on form MC-410. A needed accommodation that cannot be arranged in time can also support a continuance.

What to Say When Requesting a Continuance at the Hearing

When the case is called, a respondent asking for the first continuance can keep it brief and specific. For example: “Your Honor, I was served on [date]. I am requesting my one continuance under [Family Code section 245 / Code of Civil Procedure section 527.6(o)] to prepare a written response and gather records. I am available on [two or three proposed dates]. I have complied with the temporary order, including filing my firearm receipt.” If you also want the temporary order adjusted, state the specific change and why it is needed, such as child exchanges or access to a workplace. Be prepared for the judge to ask the petitioner’s position before ruling.

Continuance Mistakes to Avoid

1. Skipping the original hearing because you filed a continuance request that was never signed.
2. Calling or texting the petitioner to ask them to agree to a new date.
3. Requesting a continuance and then not using the time to prepare.
4. Forgetting to tell witnesses about the new date.
5. Failing to comply with the extended temporary order, including firearm relinquishment.
6. Using up the one continuance as of right when a good-cause continuance would have been granted anyway, then needing a second one later.
7. Asking for an open-ended delay instead of a specific, reasonable date.

Using the Continuance Time Well

• File and serve a complete written response. See how to respond to a restraining order.
• Collect complete message threads, call logs, and location data.
• Request police reports, 911 recordings, and body camera footage where relevant.
• Subpoena witnesses who may not appear voluntarily.
• Prepare cross-examination of the petitioner based on inconsistencies in their declaration.
• Complete firearm relinquishment and file the receipt. See firearm surrender requirements.
• Consider whether you are entitled to attorney fees if you prevail.

Frequently Asked Questions

Can I postpone a restraining order hearing in California?

Yes. A respondent is entitled to one continuance as a matter of course to respond to the petition. Additional continuances require good cause.

How long can a restraining order hearing be continued?

The statutes provide for a “reasonable period” rather than a fixed number of days. Judges often continue hearings a few weeks, depending on the reason and the court’s calendar.

What form do I use to request a continuance?

Use the request form for your case type: DV-115 for domestic violence, CH-115 for civil harassment, EA-115 for elder abuse, WV-115 for workplace violence, or GV-115 for gun violence. The matching order forms end in “-116.”

Can I ask for a continuance at the hearing itself?

Yes. A respondent can ask orally at the hearing. Bring a list of available dates.

Does the temporary restraining order stay in effect if the hearing is continued?

Yes, normally until the end of the continued hearing, unless the judge orders otherwise. The judge may also modify or end the temporary order.

Do I have to show good cause for my first continuance?

No. The first continuance is a statutory right. Good cause is required for later requests and for petitioners’ requests.

Can the petitioner get a continuance?

Yes, on a showing of good cause. Courts commonly continue hearings when the respondent has not yet been served.

Will asking for a continuance make me look guilty?

No. The continuance is a right the Legislature gave respondents to prepare. Judges routinely grant it.

Can I get a continuance because of my criminal case?

You may, either by using your continuance as of right or by showing good cause. The court balances your rights against the petitioner’s interest in a timely hearing.

Is there a fee to continue a hearing?

In domestic violence cases, Family Code § 245 prohibits a fee for extending the temporary order. Other filing fees depend on the case type and the court. Fee waivers are available.

What if my continuance request was not decided before the hearing date?

Attend the original hearing. Until a judge signs an order continuing it, the hearing remains on calendar.

Legal Authorities Referenced

• Family Code §§ 243, 245
• Code of Civil Procedure §§ 527.6(m), (o), (p); 527.8(p), (q)
• Welfare and Institutions Code § 15657.03
• Penal Code §§ 136.2, 18100 et seq.
• Judicial Council forms DV-115, DV-116, CH-115, CH-116, EA-115, EA-116, WV-115, WV-116, GV-115, GV-116

Talk to a Restraining Order Defense Attorney

Power Trial Lawyers appears for respondents at first hearings throughout Southern California and can advise whether a continuance helps or hurts in your case. Learn about the temporary restraining order hearing, the permanent restraining order hearing, and what representation costs, or contact the firm.

This page provides general information about continuances in California restraining order cases. It is not legal advice, and reading it does not create an attorney-client relationship. Court procedures and form versions vary. Confirm with the court and with counsel. Reviewed by Matthew Barhoma, Esq., Power Trial Lawyers. Last updated November 2026.