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Change Document Font Size 1 Check Spelling Notice of New Hearing Date and Order on Reissuance CH-116

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The document is a legal form titled 'Notice of New Hearing Date and Order on Reissuance' (CH-116) used in California for civil harassment prevention cases. It outlines the process for rescheduling a court hearing regarding a request for a restraining order, including details about the parties involved, the new hearing date, and instructions for reissuing temporary restraining orders. The form also includes provisions for service of the order and entry into the California Restraining and Protective Order System.

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What is a DV 116 form?

Order on Request to Continue Hearing (Temporary Restraining Order) (CLETS-TRO) (Domestic Violence Prevention) (DV-116) Tells you that your court date has been rescheduled and if there is a temporary restraining order in effect. Get form DV-116.

What does it mean when a hearing is continued?

In legal terms, a change in a hearing date to a date in the future is called a continuance of the hearing. If the parties to a case are in agreement, it is more likely that the court will agree to change the hearing date.

What is the family code 245?

Family Code section 245 states that, in granting a continuance on a DVRO hearing, the court may modify or terminate a temporary restraining order. The lack of any reference to Code of Civil Procedure section 245 meant that it confers such discretion without reference to any of the procedural or substantive

What are the rules for a continuance in California?

A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations.

What is good cause for continuance of hearing in California?

Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a docHub, unanticipated change in the status of the case as a result

What is a stipulation for continuance?

The stipulation MUST BE SUPPORTED by facts in the stipulation that clearly explains the reasons for requesting a continuance of the hearing and/or extension of filing deadlines, and why the the timeline for a continuance/extension is appropriate under the circumstances.

What is DV 115 form?

What does form DV-115 do? Use form DV-115 to ask the court to reschedule your court date. If your court date is rescheduled and a Temporary Restraining Order (form DV-110) was granted, that order will be extended until the end of your new court date, unless the court decides to modify or terminate it.

How do I continue a hearing in California?

(4) In order to obtain a continuance, written notice with supporting documents must be filed and served on all parties at least two court days before the date set for hearing, unless the court finds good cause for hearing an oral motion.

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