How to Continue Your Domestic Violence Restraining Order Hearing When You Haven't Served Respondent in Time

Getting a continuance of your restraining order hearing when you were not able to serve the Respondent in time.

What if you can't get the restraining order served in time for the hearing or I need a continuance?You are required to serve the Respondent (party you want restrained) with the restraining order papers at least 5 days before the hearing date (which is listed on the DV-109).If you cannot serve the Respondent in time, you can continue the hearing. There are two ways to do this:

  1. File for a continuance: If you have been unable to serve the Respondent, you will need to complete a Request for Continuance. Those documents are available here. You must file this with a copy of your original Notice of Court Hearing (DV-109) prior to 2:00 p.m. on the day before your scheduled hearing.
  2. Ask the court in person on the day of your hearing.

If the judge continues the hearing, any orders on your temporary restraining order will last until the new hearing date.If you do not yet have confirmation from the court that the hearing has been continued to a later date, you must attend your hearing to request the continuance. Otherwise, you will have to repeat the process all over again.Make sure to serve the continuance papers on Respondent when you serve Respondent with the other restraining order papers.

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