What happens during a domestic violence appeal? 1 Answers as of August 21, 2011I went to court to get a protection order against my boyfriend. The hearing officer ruled in my favor. He didn’t like the outcome and filed for an appeal. I have asked the DV advocate and they cannot seem to be able to tell me what happens during the appeal process. Legal Aid is iffy as far as answering the phones. I just called the clerk of courts and he said they sent out a summons for October 31st! This will be 3+ months from when I was forced out of my home! Obviously me being the victim of domestic violence means nothing as I have nothing and he has everything including my things. My TRO expires 9-27-2011. What happens for an appeal? What happens in that month gap? Should I try and get an attorney to get my possessions back or do I have to wait until court in 2+ months?
Bloom Legal, LLC | Seth J. Bloom
You should see if the DV advocates offer some sort of resources to allow protection for you to recover your belongings. You may also be able to petition to have your TRO extended pending the appeal. Otherwise, see if you can work to have a friend, acquaintance or family member retrieve your belongings in the company of police officers for protection. Aside from this, it may be necessary for you to seek out private counsel in order to take better control of the pending legal proceedings.
Answer Applies to: Louisiana