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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28042
Experience:  10+ years defending Misdemeanor and Felony cases.
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Can a judge's refusal to enter an order restraining order

Customer Question

Can a judge's refusal to enter an order for a restraining order be appealed?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.
Good morning. Do you know why the judge denied it?
Customer: replied 1 year ago.
She says the ex has the right to collect any money due to her. She would not hear, as the magistrate did, and corresponding hearing transcript was filed explaining, the circumstances why she was paid, but not always on the pay schedule. The judge said my fiancé was not allowed to speak, would stop speaking if she told him to, and would not provide for a future evidentiary hearing where additional support could be provided validating his position. His ex is telling everyone she comes in contact with that her former husband is a "dangerous man", she is "hiding from him" and has told their daughter's school, which he pays for, that he is to be blocked from her school file. All without truth, and damaging to his personal and professional reputation. What is particularly offensive is that the ex-wife keeps saying he is dangerous, and she seeks him out, would drive to our house and it contributed to our decision to move from that neighborhood to stop the random intrusion, and contact his family for money because she doesn't pay her bills, but has a 1300 a month car and insurance payment... Why is she allowed to interrupt our life without restriction or penalty, but we have no recourse - even just asking her to refrain from the malicious remarks and disruption of our quiet enjoyment of life?
Expert:  CrimDefense replied 1 year ago.
Allow me a moment please
Expert:  CrimDefense replied 1 year ago.
There needs to be a legal basis for a restraining order to be imposed and the burden is on the moving party to show there is a need for it. Each party should be allowed to present evidence to show as to why or why not it needs to be imposed and is up to the judge to decide if there is a need for it. An appeal can be filed if there is a basis to support it and it can be shown the judge errored with the law or failed to follow it. Of course, a quicker way is to 1) ask for a rehearing on this or 2) file for it again if a new incident happens since be request for the order would be based upon a new set of facts.
Expert:  CrimDefense replied 1 year ago.
I just wanted to follow up and see if you had any other questions or concerns. I am here to help so please let me know
Expert:  CrimDefense replied 1 year ago.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.