2024 How Long Do I Have to Appeal a Family Court Decision in Orange County, CA?

California family court can be a tricky legal system to understand without the right legal help. Family court decisions are able to be overturned by following the right legal process and adhering to the necessary court deadlines. How long you have to appeal a family court decision in Orange County, CA, will depend on when you received a notice of entry. An experienced Orange County family law attorney can help provide answers.

Timeline for a Family Court Appeal

Once the court has issued its notice of entry or its judgment of order, you have 60 days to file an appeal. To do so, you must submit a written notice of appeal to the court within the 60-day window, or you could lose your right to appeal. If you’ve already received a notice of entry, you should seek the help of a lawyer as soon as possible.

What Does the Appellate Court Do?

The appeals court typically consists of three justices who will review the decision and the processes followed by the trial court. They will review the case and determine if the court decision was reached in accordance with the proper application of the law. An appeals court does not start a new trial, but instead, they review the court records to determine if there were any factual or legal errors made that influenced the outcome of the case.

The appeals court justices can either choose to uphold the decision of the trial court or elect to remand the case. Remanding the case sends it back to the trial court for further action. It is important to remember that the appeals court will not necessarily provide a second opinion on the judgment of your case but will evaluate how the trial court came to its judgment and whether it applied the law appropriately.

The Original Court Order

During the appeals process, it is important to remember that you must still adhere to the original court order. The original court order still applies unless you are successful in your court appeal. There are instances in which you can make a request to have your court order stayed. This request can be very complicated, and you may still be required to adhere to parts of the original court order.

Possible Alternatives

The appeals process can take several years, and it can be expensive. There is no guarantee of success. It is always wise to discuss all of your legal options with a family law attorney. A few alternatives to filing an appeal can include:

• Filing a motion for a new trial.
• Filing a motion for a reconsideration of the order.
• Filing a motion to vacate the judgment.

These options could be the right move for your situation. It is important to remember that an appellate court will generally be more concerned with investigating if there was a legal mistake made during your trial. If you believe that new facts, evidence, or circumstances were brought to light after the court made its decision, then filing a motion for a new trial could be the right decision for you. You should consult with qualified legal counsel before making any decision.

FAQs

Q: How Long Do You Have to Appeal a Judgment in California?

A: You have 60 days to appeal a judgment in California. This timeline can vary depending on the specifics of your case, but in general, the window is 60 days from the date of the judgment. To appeal, you must file a written notice to the court of your decision to appeal. The California self-help center website is a great resource for understanding the California appeal process. An experienced family court attorney can also help you understand and navigate the California state legal system.

Q: What Is the 90-Day Rule in California Court of Appeal?

A: The 90-day rule in the California Court of Appeal is a rule that states that a judicial decision must be made within 90 days after the matter has been submitted for decision. This falls in line with individuals’ amendment right to a speedy and fair trial. This 90-day rule applies to all California judges. It generally starts from the time that all information is submitted and the court no longer accepts any more information about the case.

Q: How Do I Appeal a CPS Decision in California?

A: To appeal a CPS decision in California, you will have to file a notice of appeal to the court. You have 60 days from the date of the decision to file your notice of appeal. The notice must be in writing, and it must include information specific to the case, such as the name of the court, the date of the order, and the reason why you want to appeal. An Orange County family law attorney can help review your case and issue your appeal.

Q: How Often Are Appeals Successful in California?

A: Appeals are often not successful in California. There are certainly appeals that are successful, but the majority of appeals are not. In many instances, an individual will submit an appeal as a last-ditch effort to overturn their unfavorable case. That’s why it is important to hire the right legal team that can give you the proper advice. In the California Appeals Court, less than 20% of civil appeal cases succeed. It is also important to note that the appeals process can be long and expensive.

A Legal Team Ready to Serve You

Navigating the California family law appeals process can quickly become an overwhelming, stressful, and sometimes chaotic process. There can be strict deadlines and documents that must be completed. It is critical that you work with a law firm that can direct you to the correct path and help ensure that you have the right forms and documents in place.

At Quinn & Dworakowski, LLP, our attorneys have ample experience in the family court appeals process. We can work diligently on your behalf to provide the necessary documentation within the appropriate court deadlines to have your matter resolved as quickly as possible. We can also review your case and determine if an appeal is the right decision for you. Contact our legal team today to see how we can assist in resolving your family court appeal.