Legal Question in Appeals and Writs in California

I filed a restraining order against the next door neighbor for over a years worth of harassment. Paint on my car, egged house.. the list goes on and on. Even though I caught him vandalizing my property, the judge said I didn't have proof, therefore the TRO was not extended. He continues harassing to this day. Can I appeal the restraining order? And can I sue the police for not responding to multiple requests for added patrols and not even responding to the vandalism call + not protecting me under "Marsy's Law" (1) Atfter filing charges? Gross Negligence? HELP!! Thank You.


Asked on 1/29/11, 11:50 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The denial of a restraining order is appealable. There are strict deadlines for such appeals. Since you haven't told us anything about when the judge ruled or about when and how you were notified of the ruling, I can't say whether there is still time to appeal.

Even if you can still appeal, winning will likely be very difficult. If the judge simply didn't believe your evidence, the Court of Appeal is *very* unlikely to overrule her. There may be some other reason for the judge's ruling, though; if so, your appeal would probably stand a better chance.

I am a certified appellate specialist with many years of experience in the field. Please feel free to contact me directly if you want to discuss your case in more detail.

Your question about Marsy's law isn't really about appeals; you may want to re-post it under criminal law. Offhand, though, I don't see how that law would support a lawsuit against the police -- especially in light of the court's ruling that you haven't proved you were harassed.

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Answered on 2/08/11, 2:36 pm


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