Legal Question in Family Law in California

After hearing domestic violence restraining order As a Respondent they extended temporary order for 6 months. How can I get a different judge or higher court to look at the material facts and that woman that filed has never been in any kind of relationship with me and now has stolen my apartment. How do I get judge to look at the basis ?

Asked on 4/18/21, 8:58 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

Your opportunity to get a judge to look at the evidence proving the facts you are stating was at the hearing on whether to extend the temporary order. You don't get a second shot at presenting evidence of facts. If you believe the court made a legal error, or just ruled arbitrarily and ignored the facts, you can file an appeal with the Court of Appeals. Just bear in mind that the Court of Appeals will not even look at any evidence you did not present at the original hearing.

Also, you should be aware that whether or not you had a relationship with the woman is not relevant. If you shared an apartment, which I assume you did if she got you kicked out of it, that is a "domestic" relationship. "Domestic" comes from Latin word "domus," meaning house or home. Anything to do with where you live is "domestic." So if your basis for objecting to the restraining order is that you were not in a "domestic relationship," you will continue to lose, because you actually were in a domestic relationship.

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Answered on 4/19/21, 9:31 am

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