Time For Appealing Issuance Of A Domestic Violence Restraining Order. 

In the midst of a divorce, the court ordered a domestic violence restraining order against the husband and in favor of the wife. Both the husband and his lawyer were in the courtroom when it was ordered. Neither the wife nor the court clerk served a document entitled “Notice of Entry” of the restraining order or a file stamped copy of the judgment, showing the date of entry. Four months later, 119 days after the order was issued, the husband filed a notice of appeal from the order. The wife filed a motion to dismiss the appeal, contending it was untimely because it was not filed within 60 days. The appellate court denied the motion to dismiss the appeal, citing California Rules of Court, rule 8.104(a)(1), noting that neither the superior court clerk nor the wife served a file-stamped copy of the domestic violence restraining order in the manner required by the rules, and concluding the outside limit of 180 days applies. (In Re: Marriage of Lin (Cal. App. Fourth Dist., Div. 3; April 10, 2014)225 Cal.App.4th 471, [170 Cal.Rptr.3d 34].)