Legal Question in Appeals and Writs in California
i had a restraining order and the court garantee it agains me cz the witness made false testification front of the court.and i have prouves he was lying.so what is the process to back to the court to get my right back.
2 Answers from Attorneys
It's very hard to win an appeal by arguing that a witness lied. That's true whether your evidence that he lied was presented to the trial court or not. You might have other options, though. There might also be other arguments available to you that you haven't noticed. Or your argument about the witness might be stronger than you've made it sound.
You should consult with an appellate attorney, who will be able to give you better guidance after you provide more details about what happened. And you should do it right away, since you have some very strict deadlines to deal with and which may already have passed. You're welcome to contact me if you like; I'm a certified appellate specialist (per the State Bar's Board of Legal Specialization) with over 20 years of experience in the field.
While I agree with Mr. Hoffman, you may also want to try to go back to the Superior Court and make a motion to terminate the restraining order. You may talk to your attorney, the Family Court Facilitator or the Access Center at the Court for assistance.
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