Boone

DISCUSSION

Simpson correctly contends that he was entitled to an automatic continuance under

section 243, subdivision (d). Section 243, subdivision (b) provides that if a petition for a

protective order "has been filed, the respondent shall be personally served with a copy of

the petition, the [TRO], if any, and the notice of hearing on the petition. Service shall be

made at least five days before the hearing." Section 243, subdivision (d) provides: "If

service is made under subdivision (b), the respondent may file a response that explains or

denies the allegations in the petition. The respondent is entitled, as a matter of course, to

one continuance for a reasonable period, to respond to the petition for orders." (Italics

added.)

In Ross v. Figueroa (2006) 139 Cal.App.4th 856 (Ross), the respondent to an

application for a domestic violence restraining order, appearing in propria persona,

requested a continuance at the outset of the hearing on the application, and the trial court

denied the request. (Id. at p. 860.) The version of section 243 that was in effect at that

time provided that if a TRO had been issued without prior notice to the respondent, as

3 had been…