Legal Question in Appeals and Writs in California

Re: Can a permanent civil restraining order be appealed?

Yes, but you have to give me more details to fully answer your question. There are time limits, and there are various kinds of injunctions/restraining orders. There are also mechanisms to have previously issued orders modified or altered by the court that issued it. Is this a family law/harrassment order, a civil injunction, or what? If you will send me the details, I may be able to be more specific.

Re: Can a permanent civil restraining order be appealed?

Such an order can be appealed. The time limit is usually 60 days (can be longer), though there are complex rules for determining when this period begins.

Winning an appeal typically requires a showing that the trial court committed an error which prejudiced the rights of the enjoined party. Note that the error here has to be by the court. An error by your lawyer will not usually provide the basis for an appeal.

However, if you deserved to win but lost due to poor lawyering, you may have the option of a petition for a writ of habeas corpus. This remedy is usually reserved for criminal matters but it is sometimes available in injunction cases.