Home > Research Legal Advice > Lawsuits / Disputes > Should I appellate or refile Civil RO w/ new evidence?
Asked about 1 year ago - Buena Park, CA
FlagI was assaulted, I was granted w/ Temp RO and recently attended Perm RO hearing. Okay, the Referee assigned to my case is friends with the defense side only witness. However, I had 2 witnesses, photos and legit facts but Referee denied Perm RO, I believe Referee did a favor for his friend. Seriously, my attorney had the PI and defendant contradicting themselves, my team was good. However, the Referee was not impartial and my attorney tried to request a continuance because he was new to my case but the Referee denied me thr RO restrictions if I took the continuance. Please help, i have new evidence and another witness who has not testified. Thank you!
It is extremely unlikely that the Court of Appeal will be of any assistance to you unless the judge's denial of the r/o was based on a question of law (e.g., interpretation of the statute) rather than findings of fact. The Court of Appeal will not second guess factual findings, and will usually affirm the trial court's exercise of discretion.
Further, an appeal will take 12 to 18 months - not very helpful if you need a r/o!
You should ask your attorey about this. Specifically ask whether your new evidence qualifies under the technical definition or if it is something you should have had at the first hearing. As to the issue of bias, it's hard to prove. If you didn't make a record at the hearing it is extremely unlikely that you could prevail on appeal on that issue.
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