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I am going to file a Motion to Vacate a Restraining Order against me because the facts at the hearing did NOT justify the order.

Rodeo, CA |

So I was wondering if I have to file this in an Appeal Court, or do I file it back at the Family Division of the Superior Court where all this happened? Oh, and do I have to also file a Request to Vacate the R/O? Or just a Motion, Notice of Motion and Points and Authorities, I presume? Thanks for your help! I LOVE the law.

Attorney Answers 1

Posted

If you disagree with the judge's ruling, you can (a) file an appeal, or (b) file a motion for new trial. That you disagree with the trial judge about the decision to grant the restraining order is NOT grounds to file a motion to vacate. Either an appeal or a motion for new trial are technically complicated procedures with strict time limits, and NEITHER is a do-it-yourself project.

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Thank you. Is there a statute of limitations on filing either the appeal or the motion for a new trial? Which court would I file the appeal in? I am guessing the motion for a new trial goes to the same court? I disagree with the judge's ruling because none of the provisions in Family Code 6203 or 6320 apply. My brother stole some money from me, an d got away with it. All I did was make two phone calls where I was drunk and crying and I said I hated him. That was it. I hardly think that is enough to grant a restraining order.

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