The harsh reality is that there may be times when you do not agree with the trial court’s ruling. There are several ways that a party to a family law proceeding can seek to change the ruling. It may be possible to seek a modification or a motion for new trial.
Another common avenue is to file an appeal. However, an appeal may not be advantageous in every circumstance. Having your case reviewed by an attorney will help you decide if an appeal could get you the results you seek.
There are several aspects of appeals that are important to note:
All issues raised on appeal must be heard in the lower court. A party cannot raise an issue for the first time on appeal.The appellate court can only look at evidence that has been introduced in the court below. An appellate court can review the physical evidence introduced and the testimony given in court. It cannot consider documents that were not entered into evidence and are thus not part of the record. For example, documentation of assets or debts must be entered into the record at the trial court level in order for a court of appeal to take into consideration that issue in a property division case.You must request the statement of decision from the trial court after it issues its ruling. This statement will contain the court’s analysis and reasoning of the issues. This can be useful in arguing to the court of appeal why the lower court’s decision is erroneous.An appeal may be time-barred if you wait too long to file. Many decisions must be appealed within 60 days, although there are some decisions that can be appealed within six months. It is important to understand how much time you have because courts strictly enforce these deadlines.
Contact a San Jose Family Law Appeals Lawyer
Appeals involve many complicated legal questions best handled by an attorney. It is easy for a layperson to cause irreversible damage to his or her case by attempting to try an appeal without legal counsel.
Our firm regularly files cases before appellate courts for our clients. Some of these clients retained other counsel for the initial proceedings, but want new representation on appeal.
This is common, but such clients need to act quickly to avoid missing the filing deadlines. A new lawyer will not only have to research your best arguments on appeal but will also have to get caught up with your case.
Call the experienced San Jose, CA family law appeals attorney at Dominion Law Group, LLP at 408-288-5592 today.
Sources:
http://www.callawyer.com/2016/03/4-common-missteps-in-family-law-appeals/
