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I am appealing a restraining order! What do I do in order ...

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I am appealing a restraining order! What do I do in order to win my case?
Submitted: 7 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 7 years ago.
Is the restraining order against you?

On what grounds was it granted?

What evidence do you have to contradict the order of the restraining order?
Customer: replied 7 years ago.
Yes! She said that she has police reports. I have not seen.
Expert:  Attorney & Mediator replied 7 years ago.
Thank you for your reply.

Can you tell me the reasons why a restraining order was granted on her behave. What events occurred to have this order in place?

What evidence do you have to say she is wrong?

Customer: replied 7 years ago.
Relist: No answer yet.
From what I understand you dont need real proof. She simply stated thatincidences occured. All orders are granted.
Expert:  Attorney & Mediator replied 7 years ago.
Thank you for your reply.

In order to have a restraining order she needs facts and evidence to support her case for the restraining order. She just can't simply state them. Maybe the police records have the evidence to support the restraining order.

In an appeal you will need to argue the reason why the court made a mistake in granting the restraining order. Therefore you need a copy of those police reports, read them and then tell the judge whether that information was incorrect. Without reading the police reports I don't know how you will be able to contradict their information. Further in an appeal, the process is to argue that the court erred in its application of the law and how it made the mistake. For example if the court did in fact grant the restraining order based on what she said without proof, then the court erred in making that decision as the rules of civil procedure require evidence to be submitted in order for the judge to render a decision.

You should also review your case file to see on what grounds the judge ordered the decision as that will tell you what evidence were reviewed when it ordered the decision.

You can access all the appellate rules of procedure here. The rules will explain how the appeal process works and what you need to argue.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.




Customer: replied 7 years ago.
but i am still wondering if i should hire an attorney
Expert:  Attorney & Mediator replied 7 years ago.
Thank you for your reply. I strongly suggest you hire an appellate attorney because that attorney will have the ability to get a copy of the police report, review your court case file and then prepare the appropriate motions for your appeal. You need to know the basis the order was granted to see if the issue can be appealed.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 7 years ago.
Reply to Lawyer, Broker 's Post: I HAVE REQUESTED POLICE REPORT RECORDS, BUT WAS TOLD I NEED TO FILE A REQUEST WITH JUDGE TO DO THIS. HIPA LAWS? I ALSO HAVE A WITNESS THAT IS LEAVING THE STATE TO ATTEND COLLEGE. SHE IS THE BEST PERSON TO SUPPORT THIS CASE APPEAL, CAN SHE WRITE A STATEMENT AND FILE IT WITH THE CLERK?
Expert:  Attorney & Mediator replied 7 years ago.
The police said you need to make a request with the Judge? I have never heard of this as you are a party to the allegations of the police report. HIPAA has to do with release of medical records, so I do not know why the police requires this from you, make sure you have a clear understand to this. You can also review your case file at the court clerk and see what evidence she attached when she first filed for the restraining order, if she used the police report, it will be included in the casefile. The case files are accessible to the public unless they are sealed, so you can ask the court clerk to review them.

Regarding witnesses, it is best that a witness be availably to testify, however she can prepare a declaration on your behalf of the events and make herself available should the court request her appearance; since we do not know when a hearing will be set. However this is an appeal so the duty of the court is to review the original order to see if the court made a mistake in its decision.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Attorney & Mediator, Lawyer
Category: Legal
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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