Legal Question in Appeals and Writs in California
Civil Restraining Order
To make a long story short, my fiance's ex-wife filed a restraining order against me, even though I acted in self defense by hitting her, after she hit me first. The judge didn't allow me to explain my case and granted a one year restraining order. I want to know about applealing the decision and also how this will effect me if I can't get it changed? I am afraid that with her lies so far, that she could possibly lie and call the police that I came near her or something like that.
2 Answers from Attorneys
Re: Civil Restraining Order
The primary reason people get restraining orders is to have someone else jailed (when they are later accused of violating the order). You won't be able to change the order or successfully appeal. Too bad you didn't have a lawyer.
Re: Civil Restraining Order
Mr. Stone's answer seems overly pessimistic to me, but I agree that you face some pretty long odds. As he says, you can get into real trouble if the petitioner claims you violated the order. Violations can be charged as crimes and you will have more protections in a criminal case than you did at the hearing, but that won't necessarily be enough. Moreover, this order will be on your record for many years after it has expired and will turn up in background checks.
You are unlikely to do any better without counsel on appeal than you did in the trial court, so you should hire a lawyer ASAP. I am a certified appellate specialist (per the State Bar of California's Board of Legal Specialization) and would be willing to discuss this matter with you. Feel free to contact me directly.
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