Can a domestic violence restraining order be appealed?

I was granted a 3 year restraining order aginst my ex boyfriend. My ex also has been charged with a felony and there is a criminal case going on right now as well. 2 months after the restraining order was granted from a judge my ex has decided to appeal the restraining order. Is that possible for him to do and what are the chances that another judge will throw away my restraining order?
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Answers (3)

Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
Yes, they can be appealed. You can't appeal it just because you don't like the result. There has to be a legal basis for the appeal The appellate record needs to be examined because what is in the record already sets the stage for what can be done next. The answer to your question may take several hours of legal research.

You might find helpful my Legal Guide Questions to Consider Before Bringing an Appeal

http://www.avvo.com/legal-guides/ugc/questions-to-consider-before-bringing-an-appeal

Because this matter is so important you should really get a lawyer.

You might find my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

No one can know what the record is in the case because online we cannot see your documents. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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Edward Jerome Blum

Edward Jerome Blum

Contributor Level 7
Yes. He can appeal if he feels the judge improperly granted the TRO.

Edward J. Blum
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Thomas John Greenberg

Thomas John Greenberg

Contributor Level 4
While it may be appealed, more typically, restraining orders are modified by the court that issued them. If there are changed circumstances or if there was a mistake in the issuance, the court may modify or remove a restraining order. If you are concerned about the criminal restraining order being removed, you may consider obtaining a civil restraining order. You may also contact the court or the district attorney and let them know you are opposed to the removal of the restraining order.
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