Huntington Beach Family Law Appeals & Writs Lawyer

Huntington Beach Family Law Appeals & Writs Attorney

If you have recently been involved in a family law case and believe that the court’s decision was unfair to you, contact a Huntington Beach family law appeals & writs lawyer. An appeals and writs attorney can help guide you through the legal steps necessary to ensure your case gets a second review. California family law can become complex, and it requires the acumen and experience of an attorney to help sort through.

At Quinn & Dworakowski, LLP, our attorneys have extensive experience in family law. We can determine whether you have grounds for appeal or a writ, file on your behalf, and present evidence as to why the decision in question should be overturned.

What Is a Family Law Writ?

A family law writ is an order from a reviewing court to a trial court issuing or prohibiting the trial court from judicial action. It is important to note that a writ can be denied if there is no written opinion or oral argument accompanied with it.

The three types of writs include the following:

• Certiorari. A writ of certiorari is the review of judicial acts made by a trial court when that court has exceeded its jurisdiction. This type of writ reviews the records of the trial court, and either affirms or revokes the judgment.
• Prohibition. A writ of prohibition prevents or restrains the judicial actions of a lower court, such as a trial court. Judicial actions are often restrained on the basis of inconvenient forums or an improper venue.
• Mandamus. A writ of mandamus is issued against a public officer or a public body, and it compels the performance of an act that is specifically ordered by the law. This is typically done when there is no speedy or adequate remedy.

The Appeal Process

The appeal process in Huntington Beach can be difficult to navigate without the help of legal counsel who is experienced in family law. There are eight main steps typically involved in every appeal process:

• Filing the notice. The first step is to file the paperwork with the court that made the original judgment.
• Abandon or settle. You will then decide if you want to pursue the case further to reach a settlement or abandon the appeal altogether.
• Fees. There are many fees that come with the appeal process. You could request a fee waiver if you cannot afford to pay them.
• Set the record. At this stage, you will let the reviewing court know which parts of the record will be sent to the court.
• Information sheet. In some instances, you may be required to fill out a civil case information statement. The information sheet will help the court determine if your case can be appealed.
• Brief. During the brief, you will present your written argument to the court. This will include the facts of the case, the applicable laws, and the argument for why it should be appealed.
• Oral argument. You typically will have the option to further explain your argument verbally before the judge.
• Decision. Once all parties have presented their briefs and oral arguments, the court can make their final decision.

FAQs

Q: What Are the Writs for Family Law in California?

A: There are three types of writs for family law in California. These include certiorari, prohibition, and mandamus. A writ is an order that is issued to challenge a trial court’s decision. Writs are considered to be an extraordinary remedy in such cases, as they are typically much faster than an appeal.

Generally speaking, a writ will be successful if the appellant can demonstrate that there is no other speedy or adequate remedy in the course of law and that they will suffer injury if the relief is not granted.

Q: What Is the Family Law Appeal Process in Huntington Beach, CA?

A: The family law appeal process should be initiated by obtaining the help of a skilled family law lawyer in Huntington Beach. The next step is to file a notice, then present a written argument to the court, and then a final decision will be made. An appeal to a family law case in California is filed when one party believes that the final court decision was unfair to them. An appeal will have the details and the specifics of the case reexamined with the hope of a more favorable outcome.

Q: How Do I Appeal a Custody Order in California?

A: To appeal a custody order in California, you will first need to file a Notice of Appeal, which notifies the other party of your intentions. You will need to have grounds for an appeal, meaning that the court must have mishandled the case in some way, whether they wrongfully applied or interpreted California law or abused their discretion. If you’ve had a change in circumstances and require a change to the custody agreement, you can file for a modification.

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

A: Grounds for appeal in California family court may include lack of evidence, abuse of discretion, wrong application of the California family law code, or wrong interpretation of the California family law code by the trial court. Wrong applications of the law will typically bring a more meticulous standard of review. Once the trial court has issued its final judgment, you generally have 60 days to appeal the decision. The 60 days start from the date you received the notice of entry from the trial court.

A Firm You Can Trust

At Quinn & Dworakowski, LLP, our mission is to assist individuals in navigating the legal complexities of family law with compassion. California state family law can be difficult to understand, especially the appeals process. It requires the experience and dedication of a qualified legal team. Our attorneys are ready to file an appeal on your behalf and litigate your case at trial if necessary.

We can explore every avenue and resource to determine how to counsel you regarding family law issues, appeals, and writs under California state law. If you find yourself overwhelmed by the prospect of handling your family law case or appeal on your own, do not hesitate to contact our office to learn more about our experienced legal team.