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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4068
Experience:  30 years of experience
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I mistakenly consented to an extension of a peace order at

Customer Question

I mistakenly consented to an extension of a peace order at the District Court. Will an Appeal process address a mistake that was made by me ME and not the Judge?
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

I'm a little confused, are you asking if you can appeal based on you making a mistake and agreeing to the extension?

Customer: replied 2 years ago.
A have a neighbor that has a history of illegally parking two of his vehicles in front of my house. One morning last month, I had to call the police because of his commercial vehicle parked in the middle of the street obstructing my exit and entrance to my driveway. The police had the vehicle towed because it was a clearly illegally parked. The following morning a few police were at my door to question me about an allegation the same neighbor from across the street made against me. He reported that I stuck my head out of a window at midnight and told him that I would burn his car. The police informed me about the seriousness of threat of arson and I told them that it is a FALSE allegation. The neighbor filed a Peace Order against me based on false allegations and I filed a Peace Order against him because I felt very threatened by the serious false allegation. I am an educator and have a home business working with students and felt the need to protect my
livelihood. We were scheduled two different court dates and I requested a consolidation which was granted. I was expecting one hearing which caused some confusion in me. The plaintiff and I were called up and when the Judge asked if I "consented" to NOT do certain things I responded "YES" to the consent to assure the judge that I will not be doing those things without realizing that I was agreeing to an "extension" to the Peace Order. When I got back to my seat someone informed me that I just agreed to an extension. After the hearing, I spoke with the Civil clerk and they told me that need to file an Appeal. Will an Appeal hearing at the Circuit Court level rehear the case?
Expert:  Dwayne B. replied 2 years ago.

I'm going to have to opt out of this one and open it up to another expert.

No need to respond, that will only delay another expert in picking up on the question.

Expert:  Gerald, Esq replied 2 years ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Filing an Appeal directly from an Order to which you agreed is not likely to be successful. The appeals court will look at the record and say you agreed to the Order.

SO you need to go back to the first judge and ask for a reconsideration. You do this by filing a Motion in the original Court that heard the matter asking for a withdrawal of the Peace Order. You need to file the motion prior to the appeal period expiring. In the Motion state that you did not intend to agree to an extension and was confused by the Judge's questions. Ask the judge reconsider the Order.

If he grants the reconsideration there will be no need for the appeal. If he denies the reconsideration you can appeal from the denial Order.

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Customer: replied 2 years ago.
Is filling out a rescind request the same as requesting a reconsideration?
Expert:  Gerald, Esq replied 2 years ago.


You can file either request.

They will have the same effect.

The following link may be helpful to you on this subject:

Good luck.

Kind regards,