Thursday, August 14, 2014

Can I appeal a domestic violence restraining order in once it has been granted?

An 18 year old girl was coming into my home against my will. She would come to see my son and was sneaking in at all hours of the night. I went to speak to her mother after I found her daughter hiding in my closet with a bucket of pee next to her. She brought beer, maijuana, pornography. The mother called the police.NO THREATS...NO VIOLENCE..NO POLICE REPORT. The mother asked for the judge to protect her and her daughter.  The Judge ordered the restraining order. Now she has a protected order against me.

If the mother obtained a restraining order on behalf of her 18-year old daughter, it is likely the mother had no standing to do so on behalf of another adult. Furthermore, it does not sound like there was any contact between you and the mother except for one phone call.

Of course, it would have been best to have an attorney at the actual court trial if this case has already gone to trial. If it has not and only a temporary order has been issue, you should obtain an attorney immediately. However, if a permanent order has been granted, there is a slim possibility to reverse it. Your best bet is to file a motion for reconsideration, which must be done within 15 days of the judgment date. Said motion must be based upon new or different facts. You may also do some sort of motion to modify the restraining order if the court inadvertently included improper orders.

Anything from here on out, though, is an uphill battle. Your slimmest chance of all would be to appeal. This must be based upon an error of law. It sounds like your side of the facts were not presented.