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Attorney & Mediator
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Can I appeal a restraining order

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In May of 2007 a permanent restraining order was issued on me for I was not able to attend the hearing for I was in the hospital and over 180 miles away from where the hearing was. I have Multiple Sclerosis and have had several times since that I’ve been in the hospital but now I’d like to appeal the order for it was given under false pretense in the first place. I have never threatened the petitioner(s) in any way so I’m not sure as to how they got one in the first place unless they lied to the court. I live in the state of CA. I cannot afford an attorney for I’m disabled. Is there any way that I can appeal this order now? My health is somewhat stable right now so I’d like to get the R/O overturned and if I can’t do that, then can I file for a mutual order out of the county I live in? I ask for a mutual order for the petitioner(s) seem to think that they have the right to harass me (though it’s not direct). Isn't an R/O meant to keep both parties quiet?
Submitted: 9 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 9 years ago.
1) You can appeal the restraining order if there is grounds to show bias or judicial error on the part of the court. The appeals court only reviews to see if there was error or bias committed by the court. The appeals court only reviews issues from the last hearing and no new evidence is admitted, so it will not hear any of your arguments for not being able to attend. Additionally, you typically have 30 to 60 days to file for an appeal. Since the issue was ordered in May of 2007, the time for appealing has now passed.

2) Restraining orders are issued only to restrained the "alleged aggressor" and do not restrain the petitioner. I agree that this does not make sense, but that is how the orders work. The only way you would qualify for a restraining order in California would be if this person has been currently harassing you or has committed a criminal offense. Otherwise you do not have legal standing to file for the restraining order.

Again if this person has contact with you, you can then proceed with filing an anti-harassment protection order if their conduct is repeatedly done to harass you. You can read more about this here and here.

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