Restraining Order Appeals

Retain the Legal Services of an Experienced Criminal Defense & Appeals Attorney

Legal options are available if you believe that a judge made a mistake during your restraining order hearing. However, successfully appealing a restraining order requires the legal acumen of a seasoned attorney who can represent your case to the California Courts of Appeal.

The Process

When a restraining order is first issued, a notice is sent by mail or delivered in-person along with an information sheet (DV-120-INFO) that explains the stipulations of the court order and how a person must respond to it. It’s important to follow the listed instructions and retain the services of an aggressive attorney for the hearing.

After the hearing, it’s still possible to amend or dismiss a restraining order so long as the appeal is based on a judicial or procedural error. The first step is to work with an experienced attorney who can order a copy of the transcript and file an effective Notice of Appeal within 60 days. However, filing an appeal does not mean that a petitioner can violate the restraining order by contacting the protected person

In appellate courts, a panel of three judges examines all documents and evidence relating to the case in order to determine if the judge’s original ruling is appropriate. If an appeal is being filed for a procedural error, such as a restraining order case not being served, the respondent may request the matter to be dismissed due to improper service. For example, if the petitioner states that the respondent was served but the proof of service is incomplete due to clerical error or fraud, the restraining order ruling should be appealed.

Judges are only human, and sometimes they make mistakes by failing to properly evaluate or analyze the available evidence. A restraining order ruling can be appealed if the respondent believes that the judge didn’t reasonably consider the evidence. It’s important to note that this appeal can only utilize evidence and information that was presented at the original hearing.

The appellate court will not consider any new arguments, evidence, or situational circumstances when making their ruling. In fact, the appellate court can’t even question the credibility of the original testimonies that led to the original ruling. An appellate court can only determine if the evidence supports the judge’s initial determination.

Retain Exceptional Legal Representation

Because a restraining can impact your life in a variety of ways, it’s important to seek experienced legal guidance as soon as possible. When you schedule your free consultation, Attorney Kenneth H. Lewis can examine the circumstances of your case, evaluate the original ruling, and help you file a Notice of Appeal.

You’ll never feel uncertain about the status of your case because Attorney Lewis has a thorough understanding of the appellate process and always honestly communicates with his clients.