Missing a family court hearing in California can feel scary, especially if you are worried about jail. In most cases, you will not be arrested simply for missing a regular hearing, but the judge may still move forward without you. That can lead to custody, support, restraining order, or other decisions being made in your absence. In some situations, missing court can create serious risks, including a bench warrant or contempt issue.
If you missed a family court hearing, contact Mohajer Law Firm right away to discuss your options.
Transcript:
“I missed my family court hearing. Does that mean I’m going to jail?”
I’ve been asked this question a lot. So today we’re going to explore that question and get a better understanding of the risks and ramifications involved when you do miss your family court hearing and in what situations you could be facing jail time.
Hi, I’m Sina Mohajer with Mohajer Law Firm. We specialize in family law, estate planning, criminal defense, and personal injury.
You probably notice that we are currently indoors and not strolling through a beautiful park like we normally do. Well, we are expecting some rain today, but regardless of rain or shine, I want to take these opportunities to provide you with information that could potentially help you in your case. Although we are not walking in the park, the information you receive is meant to be simplified as if it is a walk in the park.
So if you like the contents of this video, please hit that like button and don’t forget to subscribe, so you’re always informed of any new videos being posted. And without further ado, I welcome you to our series, A Walk in the Park.
Missing a Family Court Hearing
Now, in this video, I want to address what happens if you miss a family court hearing, when can missing that hearing lead to jail time, what you should do if you missed your hearing date, and how to prevent these risks altogether.
So what happens if you miss your family court hearing? If you miss your hearing date, for whatever reason, the judge can simply proceed without you. If you’re not there to provide your arguments and your desires, the court can just simply give everything the other side is requesting.
Since no one is there on your behalf to oppose it, for example, custody could be granted to the other parent, support orders can be ordered based on assumed income, and even restraining orders can be granted regardless if there was enough evidence to support it. So if you don’t show up, it doesn’t make the issue go away. It gives the other party more control.
Can Missing a Family Court Hearing Lead to Jail Time?
So when can missing your family court hearing actually lead to jail? Let’s start off by confirming that you will not go to jail simply for missing a court hearing unless the judge issued a bench warrant and ordered your appearance.
But if you had a regular status conference hearing or an RFO hearing, failing to appear will not lead to jail time.
Now, there are three common scenarios where jail becomes a risk. First one is if you are found to be in contempt of court order, which can happen if you repeatedly ignore court orders, like as simple as not paying your court ordered child support.
Another common scenario is if you miss a hearing you were legally summoned to attend. That can lead to a bench warrant, which will then put you behind bars.
And lastly, if you violated a standing order like a custody agreement or restraining order, failing to show up could be seen as willful disobedience.
What Should You Do If You Miss a Court Hearing?
So what should you do if you do miss a court hearing? First thing is, you must act quickly. Don’t wait months, then try to fix what happened in the past. And don’t wait months to find an attorney to help you fix what happened in the past.
The court will not be easily swayed. Contact the court immediately and explain your situation. Hiring a lawyer may also be in order as we can file a motion to either vacate a default judgment or order, we can request to quash a bench warrant, we can even reschedule the missed hearing if you have a valid reason like a medical emergency or lack of notice.
Now, I said this in my other videos and I’ll say it again. Evidence, Evidence, Evidence. Save emails, doctor notes, or proof of emergency to show the court you didn’t miss the hearing intentionally.
The longer you wait, the worse it gets. Taking immediate action shows responsibility and can help avoid jail time.
How to Avoid Missing Court Hearings
So how can we prevent these risks altogether? Stay organized. Keep track of your court dates, deadlines, and documents. Show up early even, and be prepared.
If you can’t attend your hearing, at least file a request for continuance before the hearing date.
And lastly, get legal representation, especially if your case involves custody disputes, allegations of abuse, contempt motions, or child and spousal support enforcement.
Even if you are nervous about court, showing up at least gives you some power. Missing it, though, gives that power away.
Contact Mohajer Law Firm About Family Court Hearings
In this video, we went over what happens if you miss a family court hearing, when can missing your hearing date actually lead to jail time, what you should do if you missed your hearing date, and how to prevent these risks altogether.
Long story short, yes, you can go to jail for missing family court in California, especially in contempt or failure to appear cases. But in most cases, jail is avoidable with prompt reasonable action. Your best protection: be proactive and talk to a seasoned family law attorney.
If you’ve got questions about your case or you find yourself in a similar situation, please feel free to call our office and schedule a consultation. I would be happy to sit down with you one on one and figure out the best strategy to take.
And as I stated in the beginning, if you found the contents of this video to be helpful, please hit that like button, and don’t forget to subscribe so you’re always informed of any new videos being posted.