Q: I have a move away order with 3 days until the 30day stay expires-My ex bf served me today with appeal. Can I still move
I have full legal and pysical custody of our two kids and a 5 year perm restraining order against my ex protecting the children and myself. I have a move away order from the court and only three days until the 30-stay period ends. My ex filed an appeal. I received a piece of paper (1-page) that says he's appealing. What the heck does that mean? Nothing has changed since I was granted the perm restraining order and move away order. How can he appeal. Does this mean I can't move away?
A: Is his appeal timely? Has his appeal been filed and a temporary stay of the order been issued? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A: What 30-day period are you referring to? When was the order granted? An order controls until it is modified or reversed. Just because he has given notice of his intent to appeal, doesn't mean the order is no longer binding or that it cannot be followed. What is he appealing - the move away? the restraining order? In my opinion, based on the limited information you have provided, yes you can move. You may want to retain appellate counsel however.
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