got the request 5 days after Feb 03 hearing were motion was granted. I noticed he entering 5 misrepresentation of material fact that hindered my case:
1. He alleges that a TRO was granted against me. Fact not granted
2.He alleges that this is a Petition for Domestic Violence. Fact is was Stalking
3. He files on Feb 2 and alleges hearing is on Feb 02. Fact the hearing was on Feb 03
4. He alleges Petitioner have two police officer that are direct wintess and would play a key role in the courts ultimate findings. Fact: I have a video (Council did not know about) No poiice Officers witness event and were never testified.
Opposing Council entered motion by fraud, deception and perjury as result the witnesses I had that day were not all available at new hearing what can I do
Your question is unclear. Are you complaining about the fact that a continuance was granted without proper notice to you? If so, the matter seems to be moot because the hearing was continued, right? Although a motion to continue should be served upon the other side a reasonable time before the hearing (for example, 5 to 10 days before), the judge cannot "uncontinue" it.
If you are complaining about the judge ruling on the substance of the motion, please re-state your question.
Continuances are freely granted, just like if you had an emergency say a child in the hospital. The court wouldn't force you to show up. It's very possible the lawyer had another trial or hearing that same time; it happens often. You haven't stated any reason the continuance wasn't valid.
You should have received advance notice of the motion and hearing. It is hard to understand everything you've written, but if you did not receive information that there was going to be a hearing, that was incorrect. Most judges won't allow the other side to argue a motion where you aren't there, unless the opposing side represents to the judge that you (a) did receive notice of the hearing and motion, and (b) informed the opposing side that you agreed to (or did not oppose) the motion. You should inform the other side - in writing - that you did not receive timely notice of the motion/hearing and that you would not have agreed to it if you had.
This won't change the result, as others have pointed out, but if he pulls that again you can rightfully complain to the judge that your opposition isn't playing by the rules, and that you're being prejudiced.
It sounds as if you are representing yourself in some type of case with an attorney representing the other party. If the Motion to Continue was already granted, then it will also specify the amount of time of the continuance. Much more information must be shared in order to give you the answers you are seeking.
