Legal Question in Family Law in Virginia
Can one get a continuance for an arraignment hearing?
My boyfriend filed ''show cause'' papers against his ex because she has not been giving him the visitiation he was granted through court. She has received her papers for an arraignment hearing, but stated she would be filing for a continuance. I was under the impression that an arraignment hearing did not require an attorney. I thought it was just for the court to formally tell you what you're being accused of and to determine whether or not you qualify for court-appointed representation. Do they allow a continuance for something like this? Also, when he goes to court, as long as we have documentation as to the visitation he has been allowed, does he need to hire a lawyer? I spoke with the one who represented him in their previous disputes and he said as long as it's cut and dry, hiring a lawyer would be a waste of money, and that a lawyer wouldn't be of any use. I thought that in a custody dispute, it was good to have representation regardless. I'd like other opionions please.
1 Answer from Attorneys
Re: Can one get a continuance for an arraignment hearing?
Assuming that this "Show Cause" matter
involves no more than the possibilty of civil rather than criminal contempt,
the party defendant would not be entitled to a court-appointed attorney.
And, yes, a defendant will almost always be granted a first continuance request for something like this.
I would tend to agree with your boyfriend's former counsel as to whether he needs an attorney, but, if money is not a big issue, I would tell him to hire a lawyer and let him or her present the legal case for a finding of contempt in this matter.
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