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Can i ask for a motion for reconsideration on a lifetime restraining order judgement before I try to appeal the matter?

San Luis Obispo, CA |

lifetime restraining order judgement, wondering if i can ask for a motion for reconsideration?
Also after i ask for a motion for reconsideration and get deinied will i still be allowed to appeal my case?

Attorney Answers 2


In California, motions for reconsideration are governed by strict deadlines as well as strict standards, and unless you have proper grounds you can be sanctioned. It is best to consult wth an attorney before filing a motion, and you should do so immediately
A motion for reconsideration is not required in order to appeal - unless you intend to offer new evidence that the trial court has not yet considered (and which you have good grounds for not offering before).
Assuming that you file the motion and it is denied, you can still appeal. But the deadline for filing a notice of appeal is also strict and short. A valid motion for reconsideration can extend your time for filing a notice of appeal, but that can be a dangerous trap to rely on if you do not completely understand how the deadlines work - and whether your motion for reconsideation is "valid".
I am a certified appellate law specialist and I have handled domestic violence restraining order appeals. I have an office in Santa Barbara and I do alot of work in the appellate division where your appeal would be heard. Please contact my office if you would like to consult on this matter.

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Howard M Lewis

Howard M Lewis


good counsel.


You can always try, most likely the judge will deny it, so be cautious about anythign you say on the record if it is recorded as that will be used against you. Good luck and take care. Your best bet is to make a list of all the good things you have done since the date the lifetime order was allowed and how you have changed, where you live and how the order is no longer necessary. Or give the judge an option to limit it in scope for a while to give you the chance to prove you have changed or that the order is no longer necessary, sometimes giving the court another option opens your chances of success. Take care and i wish you all the best.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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