Restraining Order Appeals
Restraining order cases can be intensely emotional on either side. And, while judges do their best to reach the right result, at the end of the day, they’re human and capable of making mistakes. If you believe that a restraining order was wrongfully granted or denied, you may have the right to file an appeal.
At the Los Angeles restraining order appeal law firm of Barhoma Law, P.C., Attorney Matthew Barhoma and his team of attorneys have extensive experience litigating in front of the California appellate courts. We are immediately available to discuss your case, identify any appealable issues, and advise you of your options.Can You Appeal a Judge’s Decision to Grant a Restraining Order?
Yes, if someone sought a restraining order against you, and the judge granted the request, you can file an appeal. However, you must wait until the judge issues a ruling on the permanent restraining order. Orders granting a temporary restraining order are not appealable, as a temporary restraining order is only effective until the judge rules on the permanent restraining order, which usually occurs within three weeks of the issuance of the temporary restraining order.
Note, however, that filing an appeal does not immediately invalidate the restraining order. Thus, while your appeal is pending, it is imperative that you honor all terms of the active restraining order.Can You Appeal a Judge’s Decision to Deny a Restraining Order?
Yes, if you filed a petition for a restraining order and the judge denied your request, you can file an appeal to have another court review the judge’s ruling. However, you must wait until the judge issues a ruling on your permanent restraining order. In other words, you cannot appeal a judge’s denial of a temporary restraining order.
If the judge denied your request for a temporary restraining order, you must wait until the restraining order hearing. If the judge then denies your request for a permanent order, then you can file an appeal.
If the judge denied you a Domestic Violence Restraining Order based on your relationship with the abusive party, you can forego the appellate process and submit a Request for Civil Harassment Restraining Order.
In lieu of filing an appeal, you can also re-apply for a restraining order if the other party continues to engage in abusive or harassing conduct.How Long Do You Have to File a Restraining Order Appeal?
You have 60 days from the date the judge issues a ruling to file an appeal, regardless of whether the appeal is for a granted or denied restraining order. This time limit is jurisdictional, meaning that the court will actually lose the ability to hear an appeal if you do not file it in a timely manner. Thus, it is essential to meet with a Los Angeles restraining order appeals lawyer as soon as possible if you intend to appeal an adverse decision on any restraining order matter.What Are the Grounds for a Restraining Order Appeal?
In California, either party can appeal a judge’s decision to grant or deny a restraining order. In filing an appeal, you are asking a higher court to review the court’s ruling. Grounds for appealing a restraining order typically include:
Procedural Errors: If there were significant procedural errors during the hearing, such as the court not following proper legal processes or denying a fair hearing, this could be a basis for appeal.
Insufficient Evidence: If the restraining order was granted based on insufficient evidence, or if the evidence was misinterpreted by the judge, you can argue that the order was unjustly issued.
Legal Misinterpretation: An appeal can be made if either party believes that the judge overseeing the case incorrectly applied or interpreted the law.
New Evidence: If new evidence has emerged that was not available during the original hearing and could have significantly affected the outcome, this can be grounds for an appeal.
It's important to note that an appeal is not a re-hearing of the case but rather a review of the legal process and decisions made by the judge during the original hearing. The appellate court looks at whether legal errors were made that substantially affected the outcome. Due to the complexities of the appellate process, it is highly recommended to work with an experienced Los Angeles restraining order lawyer when considering an appeal.Can You Ask a Judge to Modify an Existing Restraining Order?
Although not technically an appeal, either party can petition the court to modify or terminate a restraining order. To do so, you must complete Form FL-300 (for Domestic Violence Restraining Orders), Form CH-600 (for Civil Harassment Restraining Orders), EA-600 (Elder or Dependent Adult Abuse Restraining Orders) or WV-600 (for Workplace Violence Restraining Orders).
In each of these forms, you can select your desired relief, which includes changing the terms of the restraining order or ending the restraining order.
For Domestic Violence Restraining Orders, you may also need to complete the following forms, depending on the nature of the existing order and your desired changes:
- Child Custody and Visitation (Parenting Time) Application and Attachment (Form FL-311)
- Request for Child Abduction Prevention Orders (Form FL-312)
- Children’s Holiday Schedule Attachment (Form FL-341(C))
- Additional Provisions—Physical Custody Attachment (Form FL-341(D))
- Joint Legal Custody Attachment (Form FL-341(E))
Once all necessary forms are complete, you’ll need to file a copy with the court, serve the other party, and then file the appropriate Proof of Service document.Did the Judge Rule Against You in a Los Angeles Restraining Order Case?
If you are interested in appealing an adverse decision in a restraining order matter, Barhoma Law, P.C. is here to help. With extensive experience handling restraining order cases at both the trial and appellate level, Matthew Barhoma and his team of Los Angeles restraining order appeals lawyers have the knowledge, dedication, and tenacity you need to reach your desired outcome. To learn more about appealing a restraining order, and to schedule a no-obligation consultation with Matthew Barhoma or another attorney at Barhoma Law, P.C., call 213-800-7664 or connect with us through our online contact form.