Los Angeles Family Law Appeals Attorney

Family court matters are very difficult because there is a divide in a family unit that needs to be settled legally. This can mean divorce, separation, child custody, adoption, paternity, or any other process that handles the legal definition of family. At the end of these matters, not all parties will agree on the outcome. Those who disagree may be left wondering what their options are. With the help of a Los Angeles family law appeals lawyer, you will find the answers you need.

At The Dorie A. Rogers, APC, you can get the help that you deserve to challenge the outcome of your family law case. Our team is experienced in handling all types of family court cases, which gives us the knowledge and experience you need to seek a different outcome for your case. If you are divorcing and want advice about a spousal support agreement, property division, or have any other concerns about the outcome of your case, we can help.

Los Angeles Practice Areas

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When you first step into our offices, we will walk you through the entire process, so you will know what to expect. Taking the time to understand your family dynamics and goals, we will help you develop a strategy at our first meeting. From that point forward, we will continue to pursue your rights in accordance with our strategy whether it is with hearings or negotiations until the time of trial or conclusion by settlement.

With our strategic planning we will be prepared from the onset to accomplish our goals regardless of the challenges we encounter. Gathering all of your financial information we will collect a complete picture as we determine if outside experts should be brought in to strengthen your case. We work with a network of forensic accountants, psychologists, and investigators in order to best assist our clients in furthering their goals. We can also refer you to counselors as needed.

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Civil Appeals in California

An appeal is the process by which you challenge the outcome of your family law case. In an appeal, you are outlining a specific part of the case that you wish to be reexamined because you felt the outcome was unjust, the decision was not based on law, or the evidence was not properly considered. An appeal is not a new trial — an appeal is the process of examining a concern if you felt part of the trial did not honor your rights or was egregiously handled.

The appeal is sent to a higher court, which will review the facts of the case as determined by the lower court. If the judges agree with the original outcome and find that no misconduct occurred, they will uphold the ruling, and the matter is settled. If they feel there was a misapplication of the law or other misconduct that influenced the original court’s decision, they will send the case back to be retried.

Filing a Notice of Appeal

Our team will take time to review your case and examine the transcripts closely to determine if we feel an appeal is supported. This process will need to move quickly because there are only 60 days from the conclusion of the original trial to file an appeal for most cases. While an appeal may still be filed after that time, the court does not have to consider it if submitted late. We can prepare the notice of appeal and include a description of the legalities we wish to challenge.

The Appeal Process

While there is no guarantee the outcome of the appeal will yield different results, if there is enough evidence to prove that the law was not followed, we will work diligently on your behalf to ensure the outcome of your case is based on legal fact. During the appeal, we can present evidence on your behalf. This begins by filing a brief that includes the facts of the case, the supporting laws, and why we feel the case was unfairly looked at the first time.

After this submission, we can then submit an oral argument where we can explain the circumstances of the appeal in person to the court. You will be an integral part of this process as you may be asked to also answer questions during this optional oral argument process.

Appeal Outcome

After the written and oral briefs are submitted and processed, the court will work to render a judgment on whether to support or deny the appeal. After presenting the evidence to the court, they will have 90 days within which to submit their verdict. Based on the outcome of that verdict, our team will help to prepare you for the next applicable steps.

FAQs

Q: Can You Appeal a Family Court Decision in California?

A: You can appeal a court decision in California if you feel there are legal concerns with the original trial. You have up to 60 days to file your notice of appeal in which you must dictate what you are specifically appealing. For example, if you felt the evidence was not allowable although it had legal applications or that you were not allowed to submit evidence to support your testimony, then you may have grounds to appeal your family law case.

Q: Can You Appeal the Termination of Parental Rights in California?

A: If your rights as a parent were terminated in Los Angeles, you have a right to submit an appeal. In the notice of appeal, you and your attorney can outline the date of the order and the grounds for your appeal based on the information provided about why your parental rights were terminated. In this appeal, your attorney can review the case and determine which evidence to present on your behalf.

Q: What Are the Grounds for Appeal in California Family Court?

A: Grounds for appeal in family court in California include any matter by which there is a legal concern during the original trial. This can include jury misconduct if a jury is present, constitutional violations, legal errors that played a role in the outcome of the case, or a misapplication of the law that played a factor in the determination of the case.

Q: What Are the Four Steps to an Appeal in California Family Court?

A: The four steps to an appeal in a California Family Court decision are relatively straightforward. With your attorney, you will first review the case to determine if an appeal is warranted. Once you have decided that it is, you will then file the notice of appeal, pay or request a waiver for any applicable costs, present the oral and written arguments, and then wait for a determination. After the outcome, you and your attorney can determine the next steps.