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  1. #1
    Join Date
    Nov 2019
    Posts
    1

    Unhappy California- Can I Appeal a TRO That Was Denied

    My question involves restraining order/custody in the State of: California

    Recently, my ex and I went to court to get a TRO finalized. I filed this order because he continues to harass, intimidate, and is maliciously keeping our children away from me. He has taken my personal property, pets, vehicle, and denied me access to our community funds. While he has kept 100% of all our finances, homes, and businesses. He has continued to disturb my peace.

    It was dismissed for the wrong reason. The judge was dismissive and refused to look at my new evidence because his new attorney claimed "Limine". Which I didn't understand. I was served with his substitution of attorney and response that same day of court. Even though his attorney had been representing him for over 3 weeks already (gamesmanship). His new attorney ignored all my communication. I attempted to tell the judge that it was new evidence and I had not presented it before but he wouldn't hear it or let me clearly explain myself. My ex was court-ordered to pay me attorney's fees since the end of spring 2019 but he's refused instead he hired another attorney to defend against the TRO. I need representation but without those funds... I cannot properly defend myself. I know nothing about family law.

    My ex has lied in every declaration he has submitted and purged himself on stand along with his witnesses. The ex has done this delibera;ty and maliciously to get a huge legal advantage to our children (custody) money, businesses, assets, so he won't have to give me anything. He was able to start our businesses from the loan I got for him and because I gave him green card/citizenship by marrying me.

    Shouldn't the judge have given me time to research about "Limine" so I could prepare my evidence to show it was not presented before? My ex is playing the victim lying that he never abused me and I have pics, video, and many other evidence of the vicious beating he would give me and bruises. I have gone to all the non-profits, orgs, and legal aid places but they won't take my case because of the amount of our finances. I explain to them that I have no access to it and am in a dire situation.

    What can I do? Can I appeal? If so how much time do I have and what forms and evidence do I need to submit? Any leads or suggestions would be greatly appreciated. Our young children are suffering the most. Please advise. Thank you for your time.

  2. #2
    Join Date
    Oct 2006
    Posts
    15,851

    Default Re: California- Can I Appeal a TRO That Was Denied

    Quote Quoting Victim2020
    View Post
    My question involves restraining order/custody in the State of: California

    Recently, my ex and I went to court to get a TRO finalized. I filed this order because he continues to harass, intimidate, and is maliciously keeping our children away from me. He has taken my personal property, pets, vehicle, and denied me access to our community funds. While he has kept 100% of all our finances, homes, and businesses. He has continued to disturb my peace.

    It was dismissed for the wrong reason. The judge was dismissive and refused to look at my new evidence because his new attorney claimed "Limine". Which I didn't understand. I was served with his substitution of attorney and response that same day of court. Even though his attorney had been representing him for over 3 weeks already (gamesmanship). His new attorney ignored all my communication. I attempted to tell the judge that it was new evidence and I had not presented it before but he wouldn't hear it or let me clearly explain myself. My ex was court-ordered to pay me attorney's fees since the end of spring 2019 but he's refused instead he hired another attorney to defend against the TRO. I need representation but without those funds... I cannot properly defend myself. I know nothing about family law.

    My ex has lied in every declaration he has submitted and purged himself on stand along with his witnesses. The ex has done this delibera;ty and maliciously to get a huge legal advantage to our children (custody) money, businesses, assets, so he won't have to give me anything. He was able to start our businesses from the loan I got for him and because I gave him green card/citizenship by marrying me.

    Shouldn't the judge have given me time to research about "Limine" so I could prepare my evidence to show it was not presented before? My ex is playing the victim lying that he never abused me and I have pics, video, and many other evidence of the vicious beating he would give me and bruises. I have gone to all the non-profits, orgs, and legal aid places but they won't take my case because of the amount of our finances. I explain to them that I have no access to it and am in a dire situation.

    What can I do? Can I appeal? If so how much time do I have and what forms and evidence do I need to submit? Any leads or suggestions would be greatly appreciated. Our young children are suffering the most. Please advise. Thank you for your time.
    You REALLY need an attorney. You are being walked all over because you don't have one. You need to beg or borrow the money from somewhere to get one hired.

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