Legal Question in Family Law in California
I have a trial and I have requested a continuance but the other party will not respond to fax or phone. I also have requested a phone appearance but the courtroom will not allow phone appearance. I cannot make my trial for family court so I do not know what else is possible. If I do not show what will the court possibly decide? The trial is for child support, expenses for daycare, and payments on a vehicle (which was stolen and no insurance and is both property of my spouse and myself) I am not there to defend myself so I need to know what can happen, if the judge may reschedule or will make a ruling? I live in TX and the court is in California, I cannot currently afford flight and hotel to make the trial.
2 Answers from Attorneys
Assuming you have time. Hire a local attorney (you should be able to hire an attorney just to show up for a lot less than plane fare and hotel) to make the appearance for continuance, or if no time - trial. He can communicate with you by cell phone during breaks. Try local Craig's list to find the attorney. You will need to sign a substitution of attorney - can do by fax. Not appearing at a trial is usually an absolute disaster - judge only hears one side of story and makes decisions accordingly. Continuances at time of trial rarely granted.
You need to get an attorney to request the continuance. Eventually, howver, you are going to have to show up or, as Mr. Walker said, the court will proceed without you, only hear one side, and rule against you.
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