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HomeFamily CodeDiv. 2Pt. 4§ 245 Restraining Order Continuances

§ 245 Restraining Order Continuances

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 245 Restraining Order Continuances

This law lets people in court cases get more time to prepare or deal with problems. It also keeps temporary protection orders active if the court date is delayed.

Key Takeaways

  • •You can ask for one delay in your court case just to get more time to respond.
  • •The judge can delay the hearing for a good reason, like needing more time to prepare.
  • •If the hearing is delayed, any temporary restraining order stays active until the new court date.
  • •The court can change or cancel the restraining order if they delay the hearing.
  • •You won’t be charged a fee for extending the restraining order.

Example

Someone is in court because their neighbor is harassing them, and they have a temporary restraining order to keep the neighbor away.

If the person needs more time to find a lawyer or gather evidence, the court can delay the hearing. The restraining order stays in effect until the new court date, and the court can’t charge a fee for extending it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 245 Restraining Order Continuances

(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. (Amended by Stats. 2015, Ch. 411, Sec. 6. (AB 1081) Effective January 1, 2016.)

Last verified: January 9, 2026

Key Terms

continuancegood causetemporary restraining order

Related Statutes

  • § 20019 Child Custody Mediation Requirement
  • § 242 Hearing Timeframes
  • § 7668 Hearing Continuance Requirements
  • § 7871 Continuance Request Requirements
  • § 17540 County Reimbursement Claim Deadlines

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 245.
View Official Source