There can be few things as infuriating as failing to achieve your desired outcome in a family law case. You may feel an overwhelming sense of defeat, and you may even feel somewhat embarrassed or ashamed. While these feelings are perfectly normal, it does not necessarily have to be the end of your legal actions. You may qualify for an appeal. If you want to learn more, reach out to a Palm Springs family law appeals attorney.
Call (888) 251-9618 to schedule a free consultation. We’ll provide the honest counsel you need to decide whether to pursue an appeal against a previous ruling.
Family law can be a complex animal with many different facets, all of them working towards the goal of securing the well-being of children or managing the assets in a divorce. There may be situations where the court does not rule in your favor, and you might feel somewhat slighted or confused. That’s where the appeals process comes into play. Appeals are common in California courts and provide you with an opportunity to continue your fight for your desired outcome.
To qualify for an appeal, you need to ensure you file for said appeal within 60 days from the initial date that you received an official notice of the court’s final judgment. In certain cases, your family law appeals attorney may be able to secure you an extension of 180 days, but that is not a guarantee. If you are unable to file for your appeal within the given time frame, there is a decent chance that your appeal will be denied or totally disregarded. Deadlines are paramount.
While you and your lawyer prepare to file your appeal, you may also want to start developing a plan for the appeal itself. Pursuing an appeal is a big deal and could realistically result in the appellate court overturning the outcome of your first trial. You need to make sure you have planned for every eventuality and are ready to handle what is coming. Here are some important factors to consider:
The pursuit of an appeal is a golden opportunity to showcase how your initial case was twisted out of your favor and opens the outcome of the case to a new, fresh, unbiased party. However, an appeal is not a new trial. It is simply a review of the first trial to identify if the law was accurately applied and the results were not tampered with.
You will not be able to introduce any new evidence. The appellate court will look through the results of your trial and reach a conclusion about your appeal after considering everything at their disposal.
A: To appeal a child custody decision in Palm Springs and throughout California, you must file for an appeal within the required timeline and ensure that you meet certain requirements. Be sure to provide the reason for your appeal and the grounds upon which you are pursuing an appeal for child custody. Grounds could include a violation of your constitutional rights or a legal error that was somehow overlooked. Also, don’t forget that an appeal is not an automatic victory.
A: The grounds for appeal in California Family Court can be any unlawful or technically incorrect situation that caused the original trial to deliver an outcome that you believe was unfair judgment. You must also be able to prove the unfair judgment by using these supposed grounds. They can include legal errors, constitutional violations, jury mismanagement, misinterpretations of state or federal laws, or a lack of evidence against you.
A: Yes, you can appeal a family court decision in California. While any final judgment made in a California court can be enforceable, it is also appealable. There is never any harm in trying or at least seeing if trying is possible. Some decisions may take time to pursue an appeal. Ultimately, you should consider seeking an appeal if you believe your first trial resulted in an unfair judgment on your part and was the result of possible misconduct or legal error.
A: The average cost of a litigation lawyer in California is approximately $381 per hour. However, that number is dependent on a number of factors specific to your individual case. Every lawyer charges differently depending on factors like, their availability, their popularity, their caseload, the complexities of your case, the chances of winning the case, and how many resources they will need to use to succeed.
You and your lawyer will agree on a fee prior to hiring them.
The appeals process exists to give people who believe they were treated unfairly in court an opportunity to present their evidence again in a new light. The appeals process helps people undo past litigation all the time, and it might just be able to do the same for you. At the Law Offices of Edgar & Dow, we can help you prepare your appeal and deliver a solid argument for your case.
If you’re ready to start the appeals process, contact us to schedule a consultation as soon as you can.
Schedule a free case consultation at our Anaheim office. You’ll always receive legal counsel directly from our attorneys—not from our paralegals. Call (888) 251-9618.
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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