Can you appeal a TRO in the state of California before you are to appear at your next court date?

Domestic Violence 4 views 3 answers
Temporary Restraining Order

Attorney Answers

3
Maltaise Cini ·
A TRO is just that-temporary until the hearing when the court decided whether or not to grant the restraining order. You should have been served with the notice of the hearing. You can choose to respond to the hearing in writing or orally. Restraining orders can have very serious and lasting consequences that will impact both your private life and potentially your career. You should consult with an attorney who will represent you in court and effectively cross-examine the petitioner.
0 upvotes
Herb Fox ·
Technically speaking, a TRO is an appealable order - that means that you have the right to appeal. But from a practical perspective, that right is an illusion. An appeal could take a year or more before a decision is rendered. You are much better off putting your resources into defending yourself at the hearing for a preliminary or permanent restraining order - the hearing that you should have notice of by now. If you lose at the next hearing, that order is also appealable, and that is the more appropriate time to consider an appeal. But you should not be representing yourself at this next hearing - the will almost guarantee that you will have no grounds to appeal. I recommend that you hire a the best family lawyer that you can afford now if you have not already done so.
0 upvotes
John Kitta ·
Generally no. For a matter to be appealed you need to have a final Order or judgment. If you have new additional facts or law you might try a Motion for Reconsideration which must be filed 10 days within the entry of the Order.
0 upvotes

People Also Asked