J.M. v. W.T.Annotate this Case
The Court of Appeal reversed the trial court's order denying plaintiff's petition for a domestic violence protective order pursuant to Family Code section 6200 et seq., the Domestic Violence Prevention Act. The court held that the trial court abused its discretion in denying plaintiff's request for a continuance of the hearing where the basis for the trial court's denial was unclear; to the extent the trial court denied the request because plaintiff did not serve defendant with notice of either the request for a protective order or the request for a continuance before the
January 29, 2019, hearing, section 245 does not require any such prior service; and plaintiff demonstrated good cause for a continuance of at least a few days. Finally, the court need not address plaintiff's remaining arguments concerning the trial court's denial of the request for a protective order.