Q: Can anyone tell me what the statute, rule, or authority authorizing the appeal of an OFP would be? Is it Rule 103.03(g)?
I'm trying to appeal a false OFP that was filed against me on my own. The OFP was filed by my abuser in retaliation to me telling someone about their abuse. When the hearing for the OFP was taking place, I was in the hospital, then being transferred from one hospital to another by ambulance and completely unable to attend the hearing and fight it. The court knew I was in the hospital, but they went forward with the hearing because I had not filed a continuance.
Not sure how to reply to answers. I did call the court right away when I was first taken to the hospital. It was around 3am, so I left messages with the judge's clerk and with the court asking if they would call me right away and if there was a way to switch to a virtual appearance. I never got a call back. Instead, the clerk emailed me (though I had said in my message that my reception was not good). Meanwhile, my condition worsened and I was being transferred by ambulance to Rochester while the hearing was taking place.
A: It is most likely (h.) I am not sure if an appeal is appropriate. Did you call the as soon as you were physically able? Good luck.
1 user found this answer helpful
A: Actually, (g) could be appropriate.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
