Marriage of J.M. and S.M. CA2/6

FACTS AND PROCEDURAL HISTORY

In June 2023, J.M. filed a request for a protective order against S.M. The trial court issued a temporary restraining order (TRO) until the July 2023 hearing on J.M.’s request for a protective order. At the July 2023 hearing, S.M.’s attorney requested a trial continuance, which the trial court granted. The parties agreed to continue the trial again in September 2023, December 2023, June 2024, and September 2024. In October 2024, the parties appeared, requested the matter be set for trial, and the trial court set the matter for March 2025. In January 2025, S.M. filed a “request to dismiss pursuant to termination of temporary restraining order,” contending that, at the October 2024 hearing, the trial court failed to obtain S.M.’s time waiver when setting the matter for trial. S.M. contended the TRO had expired, and the court could not conduct the upcoming trial. At the March 2025 hearing, the trial court denied S.M.’s motion to dismiss, noting that S.M.’s counsel “was present and agreed to setting today’s trial date and he represented that today’s date would be after the conclusion of his client’s related criminal matter.” The trial court proceeded with…