Legal Question in Appeals and Writs in California
I just got a permanent civil harassment restraining order on me. Should I do a motion to vacate judgement/order OR a motion to appeal? It's a false order and I need to fight it.
1 Answer from Attorneys
Depending on how much time has passed, there are several options you might be able to try in the Superior Court. I can't tell you which, if any, of them might work for you since I don't know the facts or procedural history of your case. For the same reason, I also can't tell you whether you have a realistic chance of winning an appeal.
It's hard to figure out which options someone in your position should or shouldn't pursue. That would require both a detailed understanding of the facts and the history of your case (which you have and lawyers don't) and familiarity with post-trial and appellate procedures (which some lawyers have and you don't). This is why you need to consult with an attorney if at all possible. He or she will need to ask you quite a few questions even after you've explained your predicament. You will also have questions. Web sites like this one are no substitute for direct consultation with a lawyer.
Good luck.