In California, if a protective order, restraining order, or TRO is issued, which has the result of requiring the restrained person to leave the residence, will an appeal of that order automatically stay that mandatory aspect of the injunction? If not, why not?
2007-09-05 07:48:28 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Perhaps I should add the following. Ordinarily under California procedure, the filing of an appeal automatically stays all mandatory aspects of an injunction. (Code Civ.Proc. sec. 916; Byington v. Superior Court (1939) 14 Cal.2d 68, 70.) The question is whether a different rule applies to protective or restraining orders, and, if so, where that exception may be found. You can tell I am seeking an answer from an attorney or other legal professional.
2007-09-05 09:17:28 · update #1
Nope, because a TRO is by its very nature a temporary and as such, you have a right to a hearing. If an Order After Hearing is appealed, unless the issuing Court stays it, an appeal does not. You have to leave, or you will find a new home in jail.
2007-09-05 07:58:01 · answer #1 · answered by Songbyrd JPA ✡ 7 · 0⤊ 0⤋
No an appeal will not stay the lawful order of the court. Once a determination on appeal is made it may result in a continuation or removal of the TRO. TRO's are not issued willy nilly by the court and carry full force and effect until removed by the court (maybe by date certain.)
2007-09-05 07:57:05 · answer #2 · answered by malter 5 · 0⤊ 0⤋
A temporary order (up to 30 days) is not immediately appealable, but a longer or permanent order is.
2016-04-03 05:01:19 · answer #3 · answered by Anonymous · 0⤊ 0⤋