I Received a Notice of Appeal in My Family Court Case in Orange County: Now What? 2024

If you’ve recently wrapped up a family court case in Orange County, such as something related to child custody or property division, you may have received a notice of appeal. You’re likely wondering what happens next. No matter the circumstances or complexity of your family law case, a skilled Orange County family attorney can help you work toward a favorable resolution.

What Is an Appeal and Appellate Court?

Family law cases, such as those concerning divorce matters, including spousal support, visitation rights, and property division, are often handled within a trial court. The judge determines how certain processes or decisions will proceed going forward. Yet, sometimes, one of the parties feels a specific ruling or order is unfounded.

It is the challenging party’s right to file an appeal to the Court of Appeals when they believe there was an error on the part of the legal institution that affected the judge’s decision or case outcome. An appeal does not automatically stop or delay the court’s initial order.

The appellate court will review the case details and trial record as submitted by the appellant, the one filing the appeal, and why they think the ruling should be amended because of the legal mistakes they bring to attention. The opposing party may also present their argument against the appeal request to the Court of Appeals. The court will respond with its assessment and decision within 90 days.

Appeal Requirements: Can Anyone File an Appeal for Any Court Decision?

Not just anyone can file for an appeal, and not all court judgements or orders qualify for the appeal process. Only a party involved in the family law case may file for an appeal or request writ review, in addition to their family attorney or other legal counsel. Family members or friends of either party cannot file an appeal.

It is generally the “losing” party, who is adversely affected by the court’s decision, who petitions for a formal review and legal action. However, not every ruling from the trial court can be challenged; the decision in question must be appealable. This is usually the final judgment of the case, and usually, other court orders specified before the case is concluded cannot be appealed until the final decision. There are some exceptions to this within family law cases.

Additionally, there is a short period of time after a court ruling for a party to file an appeal. Every case differs, but typically, appealing parties have between 60 and 180 days after the judge’s decision to file a notice of appeal. It’s important to consult with a qualified appeals lawyer soon after you receive a notice of appeal. They can argue your case before an appeals court as to why the decision should not be overruled.

Why You Should Speak with a Family Lawyer Certified in Appeals

Not all family law cases qualify for or need the actions of the appeal process. For an appeal to be approved, there must be the presence of an erroneous mistake by the judge or some other legal error. Furthermore, any faults in the trial court proceedings must directly have impacted the outcome.

If the other party in your family law case is dissatisfied with the court’s decision or believes the outcome of the case was unjust or inaccurate, they do have the option to petition for reasonable modification. For a child custody or child support case, the court will seek to determine whether a modification would be in the best interests of the children. If you’re opposed to the modification in question, your attorney can argue that it goes against the children’s interests.

FAQs

Q: What Happens After a Notice of Appeal Is Filed in California?

A: After a notice of appeal is filed in California, all other parties within the case must be served a copy of the notice of appeal. Then, typically, the appellant (the one who requests the appeal) will review the trial record and determine which relevant parts to send to the Court of Appeal. Both parties will prepare their arguments as to why an appeal should or shouldn’t be approved, deliver these arguments to the appellate court, and await the court’s decision.

Q: What Is the Rule of Court Notice of Appeal in California?

A: The rule of court notice of appeal in California requires that the disagreeing party serve and file a signed notice with the superior court, specifying which judgment, order, or order detail is being appealed. The appellant must ensure all parties, or their lawyer, are served a copy of the notice of appeal in addition to acquiring proof of service for each receiving party. The fees for appealing a case are also required to be paid or waived.

Q: What Makes a Case Eligible for Appeal in California Family Court?

A: A legal mistake or another valid reason that influenced the case’s outcome makes a case eligible for appeal in California family court. You cannot have a verdict appealed for simply not liking the court’s decision.

The appellate court will examine the trial court record, never new evidence, to decide if any legal mistakes happened. The mistake could be a prejudicial error or a lack of or overlooked evidence.

Q: Does a Notice of Appeal Stay in Proceedings in California?

A: A notice of appeal does usually stay, or halt action, in subsequent legal proceedings in California, outside some exceptions. A notice of appeal alone is insufficient in some enforcement proceedings, like those ordering/judging certain matters concerning money or money payment and the assignment or delivery of property and its receiver, among others.

For relevant qualifying cases that are an exception to the staying power of a notice of appeal, certain actions may ensure the stay, such as paying bonds.

If You’ve Been Served a Notice of Appeal, Quinn & Dworakowski, LLP, Can Assist

Speak with a family lawyer experienced in appeals from Quinn & Dworakowski, LLP, as soon as you can. We’re ready to review your case and begin devising the smartest course of action in addition to answering any questions you may have.