Irvine Family Law Appeals & Writs Lawyer

Irvine CA Certified Appellate Law Specialists for Family Court

Going through a legal process of any kind is complicated. It takes a significant amount of time, effort, and money to undergo legal proceedings. Because of this, when the verdict is not in your favor, it can feel devastating.

In many cases, there is nothing you can do about an unfavorable outcome in a court case. If the court followed the law, respected everyone’s rights, and came to a verdict that you did not like, there really is nothing to be done. However, in some cases, a writ or appeal is appropriate.

If you have been through a court process and believe that something went wrong or the court behaved unlawfully, you may be able to use appellate law to your advantage. With the help of an Orange County appellate lawyer, you can file a writ or appeal and have your case reviewed.

Quinn & Dworakowski, LLP: The Best Irvine Appeals and Writs Lawyers

For many years, our attorneys have been helping clients in Irvine and the surrounding areas appeal their cases. We understand the frustration and fear that come with an unfavorable court decision and are here to give you hope and support as you question the court’s decision. Our team has been through the appeals and writs process many times, and we are confident that we can provide the legal counsel that you need for your case. Although you may have worked with a different firm for your initial case, we are here to ensure that any appeal process goes smoothly and yields the best possible results.

Although we are experienced and tenacious in our field, we understand that many of our clients endure a stressful, upsetting experience when they need to appeal. We do everything we can to make the process go as smoothly as possible and to support you during this trying time. We approach every client with compassion, patience, and respect.

If you need an Irvine appeals and writs attorney, our firm is your best resource in the Orange County area.

Appeals

An appeal is a request in which an individual asks a higher court to review the process of their original case. This can only happen after a trial is completed and all aspects of the case have been resolved. Also, this is only allowed if you believe that there was a fundamental error in the trial process.

An appeal is not a new trial but the review of one that has already occurred. You cannot introduce new evidence, bring in new witnesses, or change any part of the case. The purpose of an appeal is simply for a higher court to assess whether the lower court came to its conclusion legally and rightfully. During this process, it is your job as the appellant to prove that a mistake was made. The other side of the case is under no obligation to prove that a mistake was not made.

Writs

Writs are not petitions to review a decision, but a last resort to have one overturned by a higher court. They are demands from the higher court to the lower court rather than requests from the lower court to the higher one. There are several distinct kinds of writs:

• Writ of Certiorari: In this case, the higher court orders the lower court to release its case records so that the high court can review them. Many people use this type after an appeal has failed, but they still believe that they have suffered an injustice.
• Writ of Mandamus: This writ occurs when a senior court requires a public official to perform an act that is legally required of them. They can also be ordered to scale back their behavior to remain within the realm of their responsibilities and powers.
• Writ of Habeas Corpus: This requires that a public official appear in court and justify why you are being imprisoned. This is considered a last resort and is reserved for those who believe that they have been unlawfully detained or imprisoned.

With the help of a qualified attorney, you can determine what kind of writ or appeal is appropriate for your situation.

FAQs

Can a Writ Be Appealed?

In rare cases, a writ can be appealed. However, this usually involves the Supreme Court, which means that it is not possible in most cases. Only the most complicated cases appear before the Supreme Court. If you are requesting a review of your case, an appeal is appropriate. If a higher court is requesting a writ and you do not agree with their decision, your attorney will advise whether the Supreme Court can and should get involved.

How Are Appeals Handled in California Family Court?

If you appeal your case, you are the appellant and are responsible for showing the appellate court that there was a mistake in your original trial. You have 60 days after the conclusion of your trial to file an appeal. You may not file an appeal if any part of your case has not been resolved or closed. If any part of the case is still open, you will be unable to file an appeal until that aspect has been resolved.

What Percentage of Family Court Appeals Are Successful?

Between 7% and 20% of appeals are successful. Some areas of the law see more successful appeals than others. A qualified attorney and clear evidence of an error give you the best likelihood of winning your appeal. You cannot introduce new evidence, witnesses, or information during an appeal. It is simply a review of an existing case.

What Three Options Does a Court of Appeals Have When Deciding a Case?

The appellate court may either:

• Uphold the original decision.
• Reverse the original decision.
• Send the case back to court for a retrial.

Your attorney will educate you about these options, including which of them is most favorable in your situation and how they plan to achieve the desired outcome for your case.

Contact Quinn & Dworakowski, LLP Today

Our team is here to help you with the appeals and writs process. Contact Quinn & Dworakowski, LLP, to learn more.