California Court of Appeal

Husband's appeal from the domestic violence restraining order entered against him, filed 119 days after entry of the order, is timely, where: 1) under the court rules, a notice of appeal must be filed within 60 days after service of a notice of entry of judgment or a file-stamped copy of the judgment; 2) if there is no notice, the notice of appeal must be filed within 180 days after entry of the judgment; 3) here, although husband was present at the hearing at which the restraining order was issued, neither the superior court clerk nor wife served a file-stamped copy of the domestic violence restraining order on husband in accordance with the California Rules of Court; and therefore, 4) the shorter 60-day filing period therefore does not come into play.

Appellate Information

• Decided 04/10/2014
• Published 04/10/2014

Judges

Court

• California Court of Appeal

Counsel