Dealing with the fallout of a family law case can be stressful and demoralizing, depending on whether or not the result is in your favor. These cases are often built on a foundation of emotion, resistance, and great personal stake. There is a decent chance the outcome will not be the one you had hoped for. Thankfully, that’s why we have the appeals process. If opportunity exists, you may want to speak to a Corona family law appeals attorney to start your appeal.
For your appeal to be considered in family court, you will have to file the appeal within 60 days from the time you were notified of the court’s judgment on your first trial. In some cases, your appeals attorney may be able to get you an extension of 180 days, but that is not the norm. In any case, if you fail to file for an appeal within the required time frame, there is a decent chance your appeal will be denied or not even considered.
It is important before pursuing an appeal to consider whether or not you qualify for one or if your case has enough questionable judgment connected to it to be considered for an appeal. Certain factors have to be considered, as appealing the court’s decision is a big step. While you discuss with your lawyer the optimum way to proceed, think about the following:
While an appeal is a choice you have to pursue further what you wanted in your initial trial, it is important to note that an appeal is not a brand-new trial. The appellate court will do what it can to review the events and results of the initial trial. They will consider the evidence presented the first time but will not accept new evidence.
In fact, your appeal will only be considered in the event that the first trial was at least partially unconstitutional. You need to argue that you have grounds for an appeal, such as any of the following:
A: Yes, you can absolutely appeal a family court decision in Corona and throughout California. While some decisions may take time, you will find that every final judgment made in a California court is appealable on some level. However, just because you have the right to pursue an appeal, it does not automatically mean that you will succeed in getting it. You will need to have grounds for an appeal and you will need to file within a certain time frame.
A: In order to appeal the termination of parental rights in California, you will need to file a notice of appeal. Make sure you file with the correct appellate court with a notice of appeal in writing. You will also write down the grounds for your appeal, which you and your lawyer will need to decide on. It is recommended that you consult with a family law attorney before pursuing action on your appeal, if only to be as informed as possible regarding your options.
A: If you wish to appeal the final judgment of a divorce in California, you will have 60 days from the initial date of judgment. At that point, you would have received a notice of judgment regarding the status of your case. In some cases, you will have 180 days after the court clerk has entered the judgment into the record. In any case, you will need to provide grounds for your appeal, such as concealed finances or an instance of fraud.
A: Unfortunately, there is no set answer to how much a family lawyer charges per hour in California. A lawyer’s fee depends on multiple factors, including their caseload, the amount of time the case will take, the resources needed, and the chances of success. Discuss your case upfront with your potential attorney to get an idea of what their rates might be.
Losing the battle in family court is never easy. The stakes might be awfully high for you. It could mean losing your marriage or even losing custody of your children. That’s why the appeals process is so important. It gives you an opportunity to keep fighting.
At the Law Offices of Edgar & Dow, we want to help you continue your fight for justice by working with you on filing your appeal and assisting you throughout the entire process. Contact us to schedule a consultation as soon as you can.
We know every case is unique and always provide personalized counsel.
We don’t drag our cases out, which saves you time, stress, and money.
We deliver the straightforward, honest counsel you really need.
Our priority is to help you get the results your family deserves.
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