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DV-115 Request to Continue Court Hearing

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DV-115 Request to Continue Hearing

Use this form to ask the court to change the hearing date listed on form DV-109, Notice of Court Hearing. (Read DV-115-INFO, How to Ask for a New Hearing Date, for more information).

Clerk stamps date here when form is filed.

Fill in court name and street address:

Superior Court of California, County of

Fill in case number:

Case Number:

1 Party Seeking Continuance

a. Full Name:

I am the:

Your Lawyer (if you have one for this case):

Name: Firm Name: State Bar No.:

b. Your Address (If you have a lawyer, give your lawyer's information. If you do not have a lawyer and want to keep your home address private, you may give a different mailing address instead. You do not have to give telephone, fax, or e-mail.)

Address:

City: State: Zip:

Telephone: Fax:

E-Mail Address:

2 Other Party

Full Name:

3 Request to Continue Hearing

a. I ask the court to continue the hearing currently scheduled for (date):

b. I request that the hearing be continued because (check any that apply):

(1)

(2)

(3)

(4)

4 Extension of Temporary Restraining Order

a.

Please attach a copy of the order if you have one.

b. Notice: If the hearing date is continued, the Temporary Restraining Order (Form DV-110) will remain in effect until the end of the new hearing, unless otherwise ordered by the court.

I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.

Date:

Type or print name of

Sign your name

Judicial Council of California, www.courts.ca.gov

Revised July 1, 2016, Mandatory Form

Family Code, § 245, Approved by DOJ

This is not a Court Order.

Request to Continue Hearing

(Temporary Restraining Order)

(Domestic Violence Prevention)

DV-115, Page 1 of 2

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What the DV-115 Request to Continue Court Hearing Is

DV-115 Request to Continue Court Hearing is a court form used to ask a judge to postpone a scheduled hearing in domestic violence, family law, or related protective-order cases. It identifies the case, current hearing date, reason for the requested continuance, and any proposed new hearing date or availability. The form is submitted to the court clerk and must be served on all parties per local rules; judges decide continuances based on good cause and the court calendar. Procedures and requirements vary by jurisdiction and may affect deadlines and service methods.

Why a DV-115 Matters for Case Management

Filing a DV-115 preserves a party’s right to reschedule when counsel needs time, new evidence appears, or emergencies occur. A properly supported continuance request reduces the risk of adverse rulings, documents the reason for delay, and helps the court manage its calendar within applicable local rules.

Why a DV-115 Matters for Case Management

Who Typically Files a DV-115 and Why

Parties, attorneys, and guardians ad litem seeking more time before a domestic violence or family-court hearing commonly file a DV-115.

  • Petitioners who need to gather evidence, secure counsel, or address emergent circumstances prior to the hearing.
  • Respondents requesting additional time for counsel preparation, availability conflicts, or newly discovered evidence affecting defense.
  • Attorneys filing on behalf of clients to avoid default, request coordination with calendar, or propose alternative dates.

Key Elements to Include in a Professional DV-115

A complete DV-115 clearly identifies the case, specifies the current hearing, states the precise reasons for delay, offers alternative dates, and provides evidence or declarations supporting the request.

Case Information

Include court name, case number, party names, and assigned judge so the clerk places the request on the correct docket and avoids misfiling.

Current Hearing

State the scheduled hearing date, time, and department or courtroom location exactly as listed on the court notice or summons.

Reason

Provide concise facts showing good cause—counsel conflict, medical emergency, new evidence, or unavoidable scheduling conflict—supported by declarations when available.

Proposed Dates

Suggest specific alternative dates or a range of availability for rescheduling and explain any date constraints affecting counsel or witnesses.

Supporting Documents

Attach declarations, medical records, calendar conflicts, or counsel declarations that substantiate the continuance and explain why the hearing should be postponed.

Proof of Service

Show how and when opposing parties were served with the DV-115; attach a completed proof-of-service form or proposed service filing where required.

Required Information and Fields at a Glance

Court Name: Full official court name and venue
Case Number: Exact docket number as shown on filings
Party Names: Full legal names; avoid initials
Current Hearing Date: Enter date as MM/DD/YYYY
Reason Summary: Concise statement of grounds
Proposed Dates: Provide specific alternate dates

Step-by-Step: Complete and File a DV-115

Follow these steps to complete and file a DV-115 accurately and in compliance with local court rules.

  • 01
    Gather Documents: Collect case number, court notice, and evidence supporting the continuance.
  • 02
    Complete Form: Fill DV-115 fields clearly, attach declarations and proposed dates.
  • 03
    Serve Parties: Serve opposing counsel or parties per local rules and complete proof of service.
  • 04
    File with Court: File the DV-115 with the clerk and obtain a stamped copy for your records.

How to Prepare an Online DV-115 Workflow

Configure an online workflow to collect information, authenticate signers, and save a compliant record for court filing.

Field | Configuration Value | Value
Authentication Method Email or SMS code; stronger ID for sensitive filings
Signing Order Specify party and attorney signing sequence where applicable
Notifications Enable email confirmations and clerk-ready PDFs
Storage Location Archive signed PDF in secure court-ready folder

Where to File and How the Court Processes a DV-115

Understanding where to file and how the court handles continuance requests helps avoid delays and preserves your right to reschedule.

  • File with Clerk: Submit DV-115 to the court clerk per local filing rules.
  • Serve Other Parties: Provide opposing counsel or parties with the filed request and proof of service.
  • Judge Review: A judge reviews the request and supporting facts before ruling.
  • Hearing Update: Clerk updates the calendar if the continuance is granted.

Digital Filing and eSubmission Considerations

Courts and clerks may accept electronically prepared DV-115 forms; verify your court’s efile and local rules before relying on eSubmission.

  • File Formats: PDF and DOCX accepted by many courts
  • Integrations: Works with Google Workspace and Microsoft 365
  • Authentication: Use email, SMS, or stronger verification

Typical Timing and Filing Expectations

Timing rules differ by court; filing early and serving all parties promptly increases the chance a judge will grant a continuance.

File Early Where Possible:

Submit the DV-115 as soon as a conflict arises to allow judicial consideration.

Local Rule Deadlines:

Many courts require continuance requests several days before a hearing; check local rules.

Emergency Continuances:

Courts may grant last-minute continuances for emergencies or medical reasons.

Service Timing:

Serve opposing parties within the timeframe required by local rule to avoid denial.

Calendar Constraints:

Availability of new dates depends on the court’s calendar and judge availability.

Common Mistakes to Avoid When Preparing a DV-115

  • Filing late without an adequate explanation or supporting evidence, which often leads to denial and an unchanged hearing date.
  • Failing to serve the opposing party timely or not including a proper proof of service, creating jurisdictional or procedural defects.
  • Submitting vague or unsupported reasons for the continuance instead of declarations or documentary proof demonstrating good cause.
  • Neglecting to propose reasonable alternative dates or failing to coordinate with other parties and the court calendar.

Consequences of an Incorrect or Missing DV-115

Denial of Request: Hearing proceeds as scheduled
Default Ruling: Increased risk of unfavorable orders
Sanctions: Possible court sanctions for misuse
Evidentiary Loss: Opportunity to present evidence may be lost
Service Defect: Improper service can void the request
Calendar Delay: Extended exposure to contested proceedings

Practical Examples: How a DV-115 Plays Out in Real Cases

Two brief scenarios show common uses: counsel scheduling conflicts and emergency continuances for medical reasons.

Case Example: Counsel Conflict

A petitioner’s lawyer is unexpectedly in trial and cannot appear

  • Counsel files a DV-115 with declaration of conflict
  • The court receives the request early, reviews the affidavit, and may reschedule the hearing to a mutually available date once verified.

Case Example: Medical Emergency

A respondent is hospitalized with supporting medical documentation

  • Counsel or the party files DV-115 and attaches a medical declaration
  • The court may grant a short continuance based on emergency grounds and instruct parties on new service and notice requirements.

Practical Tips for Accurate and Efficient DV-115 Completion

Use consistent formatting, attach supporting sworn statements, and verify local rules to increase the chance of a favorable ruling.

Confirm Local Rules Before Filing
Check the specific court’s local rules for continuance timing, required supporting documents, service procedures, and whether e-filing or e-signatures are accepted in your department.
Attach Concise Supporting Declarations
Provide a short sworn declaration or medical note that directly supports the reason for the continuance; avoid non-relevant attachments that increase clerk review time.
Serve Parties Properly
Complete and file a proof of service that documents how and when opposing parties received the filed DV-115 to prevent procedural defects.
Propose Reasonable Alternatives
Offer specific alternate hearing dates or availability windows and explain any immovable constraints to help the court reschedule efficiently.

Typical eSignature Pricing Comparison for Filing and Managing Court Forms

Compare core pricing and capabilities for common eSignature vendors relevant to preparing, signing, and archiving DV-115 forms.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About the DV-115 Request to Continue Court Hearing

Answers to common questions about filing, service, e-signatures, and what courts typically consider when ruling on continuance requests.


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