I'm a Calif atty & served wife with Divorce Pet after 8 yr marriage. 3 months later, she ran into me, called police-got me kicked out of house. Then filed TRO Req - granted. After hearing, 3 yr DVRO granted. (All lies-great actress.)
I appealed, contended burden of proof (preponderance of the evidence) was unconstitutionally too low (loss of my civil liberties - fundamental rights, speech, etc) but lost.
After Appellate Ct affirmed. CA Sup Ct denied Pet for Review. [Multiple US Sup Ct decisions demand min burden of proof "clear & convincing" if fundamental rights are lost].
I need help to file appeal in federal court but $$ is gone. What person/group(s) might help me? (DVRO did not allow me to take deposition or see possessions & judge refused to modify RO for 3 yrs)
Were the trial and appeals handled by attorneys with both family law trial and appellate experience? Otherwise, the chances are VERY small that you've adequately preserved a record which will do you any good in Federal court. Most critically, if your appeals were based solely on a constitutional attack on the statutory scheme, then if the appeals court found that the moving party put on enough evidence to meet a "clear and convincing" standard, you're done. If your ex was a "great actress", then it sounds like the trial court weighed credibility of testimony, and you lost; a Federal court is unlikely to disturb that finding.
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