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I need to appeal a permanent restraining order, as I was ...

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I need to appeal a permanent restraining order, as I was never notified of the first court date, and I was too ill to travel the long distance for the second date. Also, it is being used as a tool to stalk me and threaten me by my Ex husband''s girlfriend, a multiple felon. (I am disabled and she knows it will take away my chances of HUD housing for 3 years, because she perjured herself by alleging that I somehow harmed her children). I responded with proper papers, and a declaration with her certified criminal record attached, copies of my phone bill, declaration by my landlord, and other things. The small rural county clerk''s office is trying to get me to use the forms to start a new restraining order against her, but there is no place on these forms to ask the judge to modify or set aside his decision.

Also, the order says I cannot contact my own auto insurance company; that doesn't make sense; my Ex husband is on the insurance and it cannot be separated yet, as he''s paying for it. She just doesn't want me to have any information on the two of them, and I don't want any!

Hello and thanks for choosing Just AnswerTM.

I am a licensed attorney with prior experience in this area of the law. I would be glad to try and assist you, if you would please clarify a few points for me:

  1. California law provides four different types of such orders: [(1) Domestic Violence Restraining Order; (2) Civil Harassment Restraining Order; (3) Elder or Dependent Adult Abuse Restraining Order; and (4)Workplace Violence Restraining Order.] Which one has been issued against you?

Once I hear back from you I will let you know my answer.

Thanks again!

Customer: replied 9 years ago.
Reply to Benjamin M. Burt, Jr., Esq.'s Post: #2 Civil Harrassment.

THANK YOU. I'm going to the self help of my courthouse tomorrow. If I could just know what type of form/pleading/declaration to use to ask the judge to reconsider, it would be great. Or, maybe I should just file a harrasment order against her in my county?

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance.

  1. I would bring two forms to your attention. I am sorry to hear about this situation, and I truly hope that everything works out for you.

  2. First, CH-151 How Can I Answer a Request for Orders to Stop Harassment contains some general information which might be helpful.

  3. Second, CH-110 Answer To Request For Orders To Stop Harassment (Civil Harassment) is very important in that it provides you a chance to deny the allegations and explain your side of the story.

  4. If you haven't already used this resource, here is a good place for information on civil harassment in California.

  5. I would be extremely cautious about filing a harassment order against her. Whether or not the allegations are true, judges are very hesitant to grant these and tend to view them with a great deal of suspicion for being retaliatory in nature.

If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Customer: replied 9 years ago.
Reply to Benjamin M. Burt, Jr., Esq.'s Post: You didn't understand, sorry. I already used those forms to respond! The site you cited has everything I've already done and the Judge paid no attention. I need to know what to write on a Motion to Dismiss the Order.

Hello again and thanks for writing back. I am sorry for not understanding your inquiry.

For dismissal of an order, I would point you toward the following Judicial Council forms:

  1. CIV-110 Request for Dismissal (non-fillable)
  2. CIV-110 Request for Dismissal (fillable)

If relief is granted in your favor, then I would suggest looking at these forms:

  1. CIV-120 Notice of Entry of Dismissal and Proof of Service (non-fillable)
  2. CIV-120 Notice of Entry of Dismissal and Proof of Service (fillable)

I hope this helps, and I apologize again for misunderstanding. Please let me know if I can anything else to help. Thank you for choosing to use the Just Answer™ service.

[Please click the "Accept" button.]

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