Boone v. Simpson
Kerry Lee Simpson appeals from a domestic violence prevention restraining order issued against him for the protection of his former girlfriend, Stephanie J. Boone, and her two children. He contends that the trial court erred in denying his request for a continuance of the hearing on Boone's request for a restraining order because he was entitled to an automatic continuance under Family Code[1] section 243, subdivision (d). He also contends that the court abused its discretion in issuing the restraining order. We agree that Simpson was entitled to an automatic continuance under section 243 and, accordingly, remand the matter for a new hearing on Boone's request for a restraining order.
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