Legal Question in Criminal Law in California

I had a shitty judge who ignored all my evidence for a permanente restraining order. The defendant is a violent drunk with a history. What can I do next?


Asked on 6/19/12, 3:31 pm

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

First off, you can consider the possibility that you're the one who doesn't understand the rules of evidence. Generally speaking, judges understand those rules a lot better than pro per litigants.

Of course, sometimes judges are wrong and pro pers are right. That happens a lot more often than it should, but not nearly as often as the pro pers believe.

You also have the option of appealing if you believe the court's evidentiary errors denied you a more favorable result. Feel free to contact me if you want to discuss this option. I'm a certified appellate specialist (per the State Bar of California's Board of Legal Specialization) with many years of relevant experience.

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Answered on 6/19/12, 3:43 pm
Terry A. Nelson Nelson & Lawless

There are damn few 'shitty' judges, but almost all will reject pleadings that don't comply with the rules or don't establish a 'case'. Try again with properly done and supported pleadings, or hire an attorney to help you.

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Answered on 6/19/12, 5:04 pm
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

I agree with Mr. Hoffman and Mr. Nelson ... the Judge undoubtedly knows more about the law than you do, and your option at this point would be to consider appealing the Judge's ruling. Good luck!

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Answered on 6/20/12, 10:49 am
Zadik Shapiro Law Offices of C. Zadik Shapiro

If the judge heard your evidence and the judge heard the defendant's evidence there is little you can do. As the trier of fact the judge has nearly unlimited power to decide which evidence he/she believes and which evidence he/she does not believe. As long as there was some evidence supporting both sides the judge can decide which evidence to believe and which evidence not to believe.

On the other hand if all of the evidence supported your side and the judge still decided the case against you you may have an appellate issue.

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Answered on 6/20/12, 7:54 pm


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