Is a superior court's decision not to continue, on its own motion, a hearing for a restraining order under the DVPA reviewed for abuse of discretion?

California, United States of America


The following excerpt is from Hernandez v. Hernandez (In re Marriage of Hernandez), F076164 (Cal. App. 2019):

The word "may" indicates discretionary authority and, therefore, we conclude a superior court's decision not to continue, on its own motion, a hearing for a restraining order under the DVPA is reviewed for an abuse of discretion. ( 12 [" 'may' is permissive"]; Baldwin v. Baldwin (1944) 67 Cal.App.2d 175, 177 [use of "may" in rule granted discretionary authority].) This conclusion is consistent with the general rule that the grant or refusal of a continuance is committed to the discretion of the superior court and its ruling will not be disturbed unless a clear abuse of that discretion is shown.

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