Can you appeal a restraining order that has been granted by the judge for five years?

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my ex-wife completely fabricated stories against me, telling that she was battered and that one morning, i broke the glass of the window of her car. she showed no proof except for a receipt that she had her car windows repaired. i didnt really do it, i was fast asleep during that time but i wasnt able to show evidences except to tell that i was sleeping with my kids and that i had to go to work at 4am. i mean, i dont really have any motives for doing that because i was the one who left the house to be away from her. i have receipts that i even changed my telephone number so as not to have any communications with her. the problem is, i can't speak myself that much and i got really nervous to explain my side. she's really giving me a hard time and i want peace of mind..

Attorney Answers

2
Richard Forrest Gould-SaltmanFamily Law AttorneyLos Angeles, CA ·
While you can appeal, you almost certainly CAN'T appeal SUCCESSFULLY , and appeals are complicated and expensive. (The filing fee just to start an appeal is $655.) You should speak to an experienced attorney to find out if it's possible to have the restraining order modified.
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Andriy O Shemchyshyn ·
The law authorizes the trial court to issue a restraining order for the purpose of preventing a recurrence of domestic violence and ensuring a period of separation of the persons involved, if there is reasonable proof of a past act or acts of abuse. Abuse is defined very broadly and may include both actual infliction of physical injury or assault and annoying another person by contacting directly/indirectly, or by destroying personal property of another. Based upon your ex-wife representation, the court could have determined that there was good cause to issue such an order because you had destroyed her personal property.
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