San Bernardino Family Law Appeals Attorney

San Bernardino Family Law Appeals Lawyer

The aftermath of a family law case can be remarkably impactful to both parties involved. If you are, unfortunately, the party who does not get their desired result, it can feel like a rough defeat. You may be feeling like you have lost control of your life and your family. Thankfully, a trial loss does not have to be the automatic end to your struggle. There is always the chance of an appeal. If you qualify, you may want to speak to a San Bernardino family law appeals attorney.

Get a free consultation from a family law appeals attorney in Palm Desert. Call 888-251-9618 today!

The Ins and Outs of Pursuing an Appeal

Family law can get awfully complex, especially when there are children involved. Appeals are commonplace and provide a possible opportunity to continue pursuing your interests in the case at hand. In order to qualify for an appeal in your case, you must file for an appeal within 60 days from the initial date that you were informed of the court’s final judgment. There may be the odd exemption where your family law attorney in San Bernardino can help you get an extension to 180 days.

If you fail to file your appeal within the designated time frame, there is a decent to fair chance that your appeal will be thrown out or completely disregarded. Deadlines are crucial.

In addition, you may want to consider thinking through exactly how you are going to pursue an appeal for your case. In other words, what are your grounds, and how will you convince the appellate court that your case and its outcome should be reviewed? There are certain factors that must be considered before reaching such a big decision. While you and your lawyer talk through the most effective way to handle your appeal, consider the following:

• Trials can be costly. Appeals can add more to that cost. Do the advantages of an appeal outweigh the disadvantages? If so, is it worth pursuing?
• Are we still within the designated time frame to even consider pursuing an appeal? What are the required deadlines that I must consider?
• What are my grounds for filing for an appeal? How was my first case mishandled, and how can we prove it?

An appeal is an opportunity to shine a light on the mishandling of your case in the first trial and open the results up to independent review. It is not a second trial, and only the evidence that was initially presented will be considered. The appellate court will consider your grounds, your evidence, and your arguments, then decide on your appeal. You will need to argue effectively that you have adequate grounds for an appeal, such as:

• Constitutional Violations: Every American citizen is entitled to a trial by a jury of their peers. This counts as much for civil trials as it does for criminal trials. A trial by jury is just one of many constitutional rights afforded to us by the Constitution. If, at any point during our due process, those rights are infringed upon, violated, or ignored, you may have adequate grounds for an appeal.
  If evidence was introduced improperly, members of the court were visibly biased against you from the start, or you were never given a proper trial, you may have grounds for an appeal. While the stakes in a civil trial are not usually as high as they are in a criminal one, it does not change the fact that you are still entitled to your constitutional rights.

• Jury Mismanagement: Jury members are not supposed to discuss the case they are on with anybody outside the courtroom. This includes talking to family members, coworkers, friends, reporters, or anybody on social media platforms. If a jury member is revealed to have violated these orders, you may have adequate grounds for an appeal. The actions of a jury are supposed to be unbiased and fair. That is why they are always screened beforehand. A biased juror could also be grounds for an appeal.

FAQs

Can a Divorce Settlement Be Reopened in California?

Yes, it is possible for a divorce settlement to be reopened in California. Appeals happen all the time, though it does take adequate grounds to grant an appeal for a divorce settlement. These grounds can include a misinterpretation of certain marriage laws, one party purposefully hiding substantial assets or some other form of bad faith. If both parties agree to the initial settlement, there will likely not be a chance at an appeal.

What Are the Steps You Can Take for an Appeal?

The steps you can take in order to file an appeal are as follows:

• Consult with a Lawyer: You will want an experienced appeals lawyer to handle your appeal.
• File the Appeal: Make sure you file the appeal within the required deadline.
• Prepare For Your Appearance: Make sure you and your lawyer prepare a concise argument for your appeal.
• Give the Argument: Argue before the appellate court why you feel you should get an appeal.

What Are Reasonable Attorney Fees in California?

Typically speaking, reasonable attorney fees in California are anything that you feel you can comfortably afford. Most California attorneys charge anywhere from $178 to a little over $500 per hour, depending on the lawyer in question. Your lawyer’s fee will largely be dependent on several factors, including their immediate availability, the complexities of your case, the chances of success, and how many resources they will need to use for it.

How Much Is a Retainer Fee for a Divorce Lawyer in California?

Many lawyers will insist that you pay a retainer fee in good faith, which tells them that you are willing to pay for their services in totality and cooperate with their plan for your case. Retainer fees will vary, and, depending on the lawyer’s experience and the complication of the case, so will the final cost. Discuss rates with your attorney before deciding on the right one for your situation.

Contact an Experienced Family Law Appeals Attorney Today

It can be a rough feeling to suffer a loss in court. You may feel like the world is against you, and you have run out of options. However, that may not be the case. At the Law offices of Edgar & Dow, we can help you start working on your appeal and provide you with sound legal counsel. Contact us to schedule a consultation as soon as you can.