WHAT TO DO IF YOU THINK YOUR TRIAL JUDGE DIDN’T GET IT QUITE RIGHT
Families often come to family court with a multitude of personal and legal issues. And most times these issues are constantly evolving. Thankfully, the family court understands this reality and often allows for parties to modify certain existing orders several years after they have been decided. But despite this advantage, parties are sometimes left with a feeling that the trial court didn’t quite get something right. This is where the appeals process comes into play. But unlike modifying an order on the trial court level, appealing a final decision is much harder to accomplish.
AN OVERVIEW OF THE FAMILY LAW APPELLATE PROCESS
In essence, the appellant (person filing the appeal) asks the Appellate Court to reverse the trial court’s decision because of some error made in the ruling. The Appellate Court will review the trial court’s record and determine if the trial court made a legal error that affected its decision. This is because Appellate Courts can only review issues of law, not fact. This means it can only review evidence already considered by the trial court. After making their decision, the Appellate Justices are required to write out their opinion on the issue and thoroughly explain their reasoning. Some of these opinions are published and become new precedent for future cases in the state of California.
THE DECISION TO FILE AN APPEAL MUST BE MADE STRATEGICALLY AND QUICKLY
The window for filing an appeal after the trial court’s decision is often quite small. In addition, the process is complex and lengthy, so it is best to consult a knowledgeable appellate attorney before filing. The attorneys at Butler Law, PC are well-versed in appealing family law decisions and can help you with appeals or any of your other family law needs. To discuss your options, questions and what’s best for you, call Butler Law, PC now at 619-514-3365.
To read about our successful appeals cases, click here: https://www.butler.law/blog/2021/08/butler-law-pc-attorneys-win-appeal-and-create-precedent/