QUESTION
Can I appeal a judges decision to extend an order of protection against me?
Asked on Nov 19th, 2018 on Family Law - Illinois
More details to this question:
My 14-year-old daughter and I can turn altercation back in July 2018, over her cell phone. Long story short we ended up and her room she had plop down on the bed so I couldn’t get her phone out of her back pocket my arm was underneath her and she was trying to push me off with her arm and my throat so I bit her arm It was just a knee-jerk reaction because she was choking me. I do not feel I bit her hard and I wouldn’t rule out her dad Konning her into fighting yourself to make it look worse than it really was. We went to court four different times the last time was in October 19, 2018 and the judge extended the order protection for for months. I never really got to tell my story or my side of it or my lawyer only seemed to agree with everything and manage to get me supervise visitation one day a week and 215 minute conversations with her on the phone a week other than that that was it. She has been telling me for the past month she wants to come home!
1 ANSWER
Appellate Practice Attorney serving Cockeysville, MD
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You can definitely file an appeal. But, it will be an uphill battle. The decision whether to extend an order under the circumstances is discretionary, meaning that the order would be reviewed under an abuse of discretion standard. This standard of review is very deferential to the lower court judge. The only way to get around this standard is if the judge committed a legal error (i.e., if the governing statute requires the judge to state his reasons for his decision on the record, yet he failed to outline the facts forming the basis of his decision). I do not practice in Illinois, so I do not know whether the governing statute has this requirement, but it is a thought for your appellate lawyer to consider.
I just noticed that your post is from November 19, 2018. Most states have a 30-day deadline in which a party must file a notice of appeal. That is just a few days from now. If you have not yet missed the deadline, here is some advice on How to File an Appeal. I hope this helps.
Answered on Dec 13th, 2018 at 1:09 PM