My question involves criminal law for the state of: California.
I was assaulted by a person last year and I have a restraining order against her. A week or so after the Judge issued the one year restraining order (last November) she appealed it. So for the last year we've been going through the appeal process. The thing is the restraining order expired last month - November 3rd, 2011. We appeared at the Oral Argument a couple of days ago and the judge mentioned the issue was moot due to the fact that the restraining order had expired. Although he did not cancel the hearing and we went ahead with our oral arguments. She was represented by an attorney who realized the restraining order had expired but he informed the Judge that he wanted to get it off her record because it was causing her some hardship with traveling, job hunting etc. Now we have to wait for up to 90 days for the Judge's decision. In light of the expiration of the restraining order is the appal basically a waste of time? I would HATE the appeals court to overturn the trial Judge's restraining order after all that I've been through due to her this past year.