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DID YOU KNOW BY ATTORNEY F.M. ZAVALA

APPEALING A DOMESTIC VIOLENCE RESTRAINING ORDER

Pursuant to Code Civ. Proc., § 904.1, subd. (a)(6). An order granting or denying a request for DVRO is appealable . (In re Marriage of Carlisle (2021) 60 Cal.App.5th 244, 255; S.M. v. E.P. (2010) 184 Cal.App.4th 1249, 1257–1258; Loeffler v. Medina (2009) 174 Cal.App.4th 1495, 1502, fn. 9.)


A party has six months to appeal the order. (Cal. Rules of Court, rule 8.104(a)(1)(C), (e).) A court lacks jurisdiction to consider an untimely appeal from the restraining order. (Cal. Rules of Court, rule 8.104(a)(1)(C), (e); Strathvale Holdings v. E.B.H. (2005) 126 Cal.App.4th 1241, 1248.)

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