Question about Restraining Order Appeal

[badnaam1]

What is the name of your state (only U.S. law)?

This is in Alameda county.


Me and my wife have a 3 year restraining order against our neighbor who has been verbally abusive. He has another restraining order from a different neighbor as well. He is essentially the neighborhood terrorist.

I was notified that he is appealing the case.

#1 - How is the appeal accepted by the court when it was filed on the 62nd day (10/21/2015) from the day when the order was granted (8/20/2015)? Isn't the deadline within 60 days? I believe he was given the hard copy of the order same day (8/20/2015) in court, though not sure if that is the actual "notice day".

#2 - One of the letters asks for a Certificate of Interested Entities or Persons. When do I need to file this?

#3 - At a high level, what will be required from my side during the process?

#4 - It seems he has not paid the court fees with the appeal. Is that common? Is he expecting to secure a waiver even though he can afford a lawyer?

Thanks!

 

[quincy]

What is the name of your state (only U.S. law)?

This is in Alameda county.


Me and my wife have a 3 year restraining order against our neighbor who has been verbally abusive. He has another restraining order from a different neighbor as well. He is essentially the neighborhood terrorist.

I was notified that he is appealing the case.

#1 - How is the appeal accepted by the court when it was filed on the 62nd day (10/21/2015) from the day when the order was granted (8/20/2015)? Isn't the deadline within 60 days? I believe he was given the hard copy of the order same day (8/20/2015) in court, though not sure if that is the actual "notice day".

#2 - One of the letters asks for a Certificate of Interested Entities or Persons. When do I need to file this?

#3 - At a high level, what will be required from my side during the process?

#4 - It seems he has not paid the court fees with the appeal. Is that common? Is he expecting to secure a waiver even though he can afford a lawyer?

Thanks!

First, if you do not have an attorney, Alameda County has a self-help center. The staff and volunteers at the center can help you with any procedural information and instructions you might need, and they can explain general court rules. There are public access computers in the court for you to use, as well. You might find you want to take advantage of the resources they offer.

As to your question number one, as long as you did not receive a "notice of entry," the appeal by your neighbor should be considered timely.

Here is a link to California Rules of Court, Title 8: http://www.courts.ca.gov/cms/rules/index.cfm?title=eight

What you will want to look at is Chapter 2, Civil Appeals, and then Title 1, Rule 8.104, Time to Appeal.

You should also look at Chapter 2, Article 2, Rules 8.120 through 8.163, Record on Appeal.

Finally, from the same link, you should look at Chapter 2, Article 3, Rule 8.208, Briefs in Court of Appeals.

Because fee waivers are confidential, there is no way to tell if the other party has paid or received a waiver.

Again, you might want to consult with an attorney in your area. The County of Alameda Self-Help Center can direct you to legal aid offices or attorneys in your area.

Good luck.