03. Appellate Law
Do you have a final judgment in your family law case? Do you feel that there were errors made that affected your rights and therefore the outcome of the matter? Appeals can be expensive, but necessary to right wrongs. We can review your order and consult with you to determine whether there may be grounds for an appeal and whether an appeal is likely to improve your situation. Appeals have time sensitive deadlines, so you must act NOW to ensure that your right to appeal is preserved.
Frequently Asked Questions
What is a Family Law Appeal?
There are times when the trial court’s order is not the final word on a domestic or family law matter. The Appellate courts may review the order in certain cases. The appellate rules and procedures are different from the rules and procedures in at the trial court level.
After your trial has ended, you may be able to file an appeal requesting the higher court to undo the ruling of the lower court due to legal error. The appeals court would review the information and can either agree with the trial court, vacate or throw out the order of the trial court, remand or send back to the trial court with instructions, or order a new trial.
When can Court Orders be Appealed?
Appellate courts usually only deal with final court orders. Temporary orders can sometimes be heard by appellate courts, but only under certain circumstances.
What are Appropriate Grounds for an Appeal?
There must be legal grounds for objection to a court ruling. This means that you cannot simply appeal a final court order simply because you don’t like it or you disagree with it. You can ask an appellate court to review your case again if the court has made mistakes in your trial like:
• The court misunderstood or did not properly consider key facts.
• The court improperly applied the law.
How Long After a Trial ends can you file for an Appeal?
You must file a Notice of Appeal within 30 days of the court issuing the order. The Appellate Courts are very strict regarding this deadline. Missing the deadline could result in you not being able to appeal your matter.