How to Appeal a Failed Restraining Order
Requests for a restraining order (also called a protective order in some states) are sometimes denied despite what you feel are good reasons to obtain one. Because the decisions are made by judges in courts of law, the appellate process you must follow is similar to the process you might follow for other civil matters. While it is not possible to obtain another protective order while you are waiting for your appeal to be heard, new facts that arise between the original trial and your appeal may justify returning to the trial court for another temporary restraining order. This means that if your harasser continues to threaten or endanger you while you are waiting for your appeal, you should return to court immediately for a new trial on the new facts.
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Instructions
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Enlist the aid of an appellate attorney. While you are able to appeal the decision yourself, the appellate process is complex and involves several dates and deadlines that must be met in order to have your appeal heard. An attorney can help you to make competent decisions in a time that you may be stressed or distracted.
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File your appeal with the appellate court of your jurisdiction. Appeal forms are available from the trial or family court, and also from the appellate court itself. One appellate court services multiple trial courts, so inquire through the Clerk of the Court what appellate court has jurisdiction over the matters arising from the trial court.
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Meet the deadline by submitting your appeal before the time you have to appeal lapses. These deadlines vary from state to state, but usually fall into a span between 10 and 31 days. For instance, Maine gives appellants 21 days to file their appeal.
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Craft your arguments to make to the appellate court. The issues of appeal are limited to errors of law. This means that the appellate court will not review the factual determinations made by the trial court. You cannot allege, for example, that the court erred in determining that your abuser did not harass you, but you could argue that the court misapplied the factors used to determine whether or not your abuser was harassing you.
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Attend your assigned hearing to answer any questions the appellate court may have about the arguments you make in your appellate forms. You may have to wait several months before you can appear before the appellate court.
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Tips & Warnings
Bring a new complaint if the abuse or harassment continues, even if you have previously failed to obtain a restraining order or have a pending appeal. While you cannot make a new complaint on the facts that occurred prior to your first attempt to receive a protective order, any harassment or abuse that continues after your initial failure can be used in a new complaint.
The appellate process is difficult, and an attorney can be invaluable in increasing your chances of success in both the appellate process and a new complaint, if one is needed.
