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

Asked over 2 years ago - 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)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Answered . 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... more
  2. Herb Fox

    Contributor Level 16

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    Answered . 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.

    Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or... more

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