I lost and want to know if I can appeal.....

[drewcla]

What is the name of your state? California

This sounds pretty petty I bet but here goes. I lost and have had a restraining order to stop harrassment entered against me. My question is can I fight it? I was served on Thursday night at 8:00 pm and it says I must be served 5 days before court date. Well Thursday was the 24th of February and it is 5 days prior but what about weekends? Does it matter it was 9 pm and the court date being the 1st of March @ 8:30 am? It is not a true 5 days..... I showed up but didn't have time to prepare much of a case. Is that it? Did I forfeit any chance because I didn't fight for more time prior to going in to court?

I wasn't given any time to say anything as the judge just seemed intent on giving her the order. He asked me since I didn't seem to want to have anything to do with her anymore what my opposition to the order would be. I told him I just didn't want something like that in my file etc. He was determined from the outset that it is not a big deal and to just let her have it so we both just go away and get it off the docket.

She blatantly lied (I know you guys are probably used to that I bet but call me naive I wasn't prepared for the lies) and I was shocked that she could just sit there and perjure herself. I wasn't prepared to be lied about and her to completely fabricate things as she did. How was I suppose to answer her petition for the order if I didn't know what the heck lies she would be telling in court? I didn't get her page that she had added to the request for the order (I mean when I was served she had attached a page I guess that outlined her case against me in some way and it was not attached to the copy I received). Is that normal? How do I prepare for something and go in blindsided by lies?

I have evidence and if I actually had a chance to give the judge my story it never should have been entered against me. He seemed to care more about clearing his dockett than dispensing justice.

Thanks in advance for any advice!

Drew

 

[Alias_joe]

file for a re-hearing

maybe the judge will grant it.

You SHOULD have brought up everything you disagreed with.

Deal with it.

Stay away from her

 

[seniorjudge]

In an appeal, you cannot bring in new evidence.

In a rehearing (which is rarely granted) you may be able to produce evidence.

The time to present all your evidence was at the original hearing.

 

[drewcla]

Thank you both for your replies!.....

I just don't understand the way things are and never will I guess. People lie, cheat and steal and nobody cares. She actually stole (fraud in claiming stress due to me) over 3K from her work. Her bonus was taken away because she was calling in sick too often to stay at this guys house (to go cheat on me and our 7 yr relationship). She even after we split up would call in sick and be here with me at my house. She lost her bonus before I knew she was cheating and we were perfectly happy (or so I thought anyway lol). Yet after we split she tells her work I was harrassing her the whole time (1 month before we split up) and they felt sorry for her and have given her the bonus after all. She completely lied and used me as a scapegoat. She even after having told them I was harrassing her and she was under tremendous stress and seing a counselor because of it (and me I guess supposedly) came over at least a couple times a week and called in sick to be with me 4 times in the past 2 months.

I told the Detective on our case today that it had happened and asked if I should tell her work. he told me, "let it go, it wasn't your money!". LOL Ok so lets just let her screw up my record and steal and cheat and subject me to STD's and destroy my daughter for weeks after she leaves me. Just move on with your life LOL. Is this the way it works? I was taught to do the right thing, work hard and to be a man of character. So far in life these values and my great character has gotten me nothing but crapped on.

Anyway I guess I should just join the rest of the world and lie, cheat and steal! Unfortunately for me I can't do it. It isn't in my makeup to be a liar or a theif or a cheater. I hate it about me. I can't believe I want to do those things and just can't do it. What is wrong with me? LOL

Sorry for the rant but this is a joke. Thanks again for the replies. This is a great site sorry to reduce myself to such a pathetic loser but I needed to vent.

Drew

 

[seniorjudge]

...People lie, cheat and steal and nobody cares....

How else do you expect them to get elected?