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In re Marriage of Lin

California Court of Appeals, Fourth District, Third Division

March 26, 2014

In re the Marriage of GINA S. and AUGUSTIN A. LIN. GINA S. LIN, Respondent,
v.
AUGUSTIN A. LIN, Appellant.

Motion to dismiss the appeal from an order of the Superior Court of Orange County, No. 10D001389 Ronald P. Kreber, Judge.

Page 472

[Copyrighted Material Omitted]

Page 473

COUNSEL

Honey Kessler Amado for Appellant.

Law Offices of Brian G. Saylin and Brian G. Saylin; Phillips, Whisnant, Gazin, Gorczyca & Curtin, Gary S. Gorczyca and Daniel Gorczyca for Respondent.

OPINION

THE COURT:[*]

There are no unique jurisdictional time limits for appeals from domestic violence restraining orders. As with other appeals, there is a 60-day time limit for restraining orders which are properly served, either through a notice of entry of judgment, or through service by the clerk or party of a file-stamped copy of the order. (Cal. Rules of Court, rule 8.104(a).) Otherwise, the outside 180-day filing limit applies.

Because the court record does not facially establish service of the domestic violence restraining order upon the restrained party, we apply the outside 180-day limit to his appeal. While the restrained party’s personal presence in the courtroom at the time the restraining order was issued may make it easier to enforce the restraining order against him, it does not shorten the time limits for filing a notice of appeal.

I

Gina S. Lin (hereafter Respondent) and Augustin A. Lin (hereafter Appellant) are involved in marital dissolution proceedings.

Page 474

On July 19, 2013, the trial court issued a domestic violence restraining order in favor of Respondent and against Appellant. Appellant and his counsel were personally present in the courtroom for the hearing on the domestic violence restraining order. Neither Respondent nor the court clerk served a document entitled “Notice of Entry” of the ...


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