Appeal a restraining order

Asked almost 4 years ago - Fremont, CA

I was convicted of "violent crime" when there WAS NO "violence" even envolved! My ex-wife filed a restraining order, because I wrote her a letter, after finding she had 3 abortions, and after I discovered I cannot have kids! She "claimed I was 'stalking 'them' for 35 years"? We were still living together and married in 1975. She "claimed" we were "married for about a year or so." We were married 6 years to-the-day. She "claimed I was on her property" because I mentioned something about her refrigerator, but the truth is, I saw it in a photo, that my 'witness' had sent me. All these "claims" were never proven, and yet, I was convicted of a "violent-crime" and there was never any "violence" even involved here! I wasn't given 'justice' I was given the SHAFT!

Attorney answers (1)

  1. Rebekah Ryan Main

    Pro

    Contributor Level 18

    Answered . Did you show up in court to defend yourself? If she presented her claims and you presented yours, but you lost anyway then the court made findings of fact against you. You cannot appeal factual findings UNLESS the court’s decision was an abuse of discretion. This is a very difficult standard to meet. If there was an error of law, you can appeal the error if you can demonstrate that the error made by the court (Such as applying an incorrect legal standard) resulted in harm to you. Bottom line? Consult an appellate attorney to discuss whether or not there are grounds for appeal and be prepared to pay for it.

    If you did not show up to defend yourself you may well be out of luck. The court can only decide based on what is in front of it and a single witness, if believed, is sufficient to prove any fact.

    Best of luck to you.

    If you found this answer helpful, let me know by clicking the "thumbs-up" button at the bottom of this answer. It’s easy and appreciated.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

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