Navigating the family law court system alone can be overwhelming, especially if you think the judge is working in an unfair or unjust manner. Whether your family law case involves a property division judgment, a child custody decision, or a ruling on spousal support, a faulty outcome can seriously affect your and your family’s future. If this has happened to you, a Mission Viejo family law appeals & writs lawyer can support you right away.
At Quinn & Dworakowski, LLP, our empathetic family law team is here to ensure that a judge’s mistake does not negatively impact the rest of your life. We can help you exercise your right to file an appeal or writ to call into question any unfair or wrongfully-founded legal decisions, assisting you with each step. We are ready to leverage our strong argumentation tactics and in-depth understanding of appellate procedures to fight for your case.
Family law appeals involve requesting a higher appellate court to go over the decision of the trial court. By analyzing the court record, arguments from attorneys, and appellate briefs, appellate judges work to understand whether any legal errors were made during the trial court process that could have impacted the final decision. No new evidence is considered during the appeals process.
The detail-oriented Mission Viejo family law appeals & writs lawyers from Quinn & Dworakowski, LLP, have a strong track record of helping families appeal cases related to the following common family law matters:
If you believe errors were made in your family law case, it’s crucial to act as soon as possible. In Mission Viejo, families typically only have 60 days from the date of their court ruling to file a Notice of Appeal. If you miss this deadline, you could lose your right to pursue an appeal.
In family law, a writ is a legal request made in emergencies that asks appellate courts to intervene in a trial court case before the final decision is reached. Writs may be utilized in situations where waiting for an appeal could cause significant damage, such as any urgent restraining orders, immediate child custody disputes, and jurisdictional conflicts. Although writs are much less common than appeals, if they are properly applied, they can provide quick relief.
If you’re curious about filing an appeal or a writ, it’s crucial to work with an attorney who has persuasive writing skills, in-depth legal knowledge, and vast experience navigating technical appellate and writ procedures. An empathetic attorney from our team is eager to help you identify any trial court mistakes made that could justify your appeal, gather trial court evidence, and make compelling appellate briefs to persuade the appellate judges.
If you win your family law appeal, the appellate court may reverse the decision made by the trial court, which ultimately means your ruling has been overturned. Winning a family law appeal could also mean getting a case remanded, which means it would be transferred back to the original trial court to be reconsidered.
Winning an appeal could also mean a judgment modification, in which parts of the ruling may be changed without sending it back to the trial court.
If you lose your family law appeal, the appellate court will uphold the ruling from the lower trial court and the original decision will stand. In such cases, you may still have options, such as being able to appeal to a higher court, such as the California Supreme Court, or ask for a reconsideration. An attorney can help you understand your legal options moving forward to push for a positive outcome.
If you signed a divorce settlement agreement voluntarily, it’s typically not possible to appeal it unless you can prove that significant legal errors were made in the approval process in the courts. Furthermore, if you can prove that you were coerced into signing or you signed based on information rooted in fraud or deception, this may also be grounds to file for an appeal.
An experienced attorney can help you understand your options for appealing your divorce settlement agreement.
The success rate of family law appeals is difficult to measure directly; however, it’s important to note that they are generally difficult to win. Appellate courts typically defer to trial courts on matters that require discretion, such as child custody decisions; however, if the judge clearly made a legal mistake, you may still have a strong case for an appeal.
The cost of a family law appeal is dependent on various factors, including the case complexity, the filing fees demanded by the courts, and the cost of hiring your family law attorney. As appeal cases may involve in-depth investigations and research, intricate written arguments, and potential oral arguments in court, they may be more costly than a standard family law case.
It’s crucial to work with a family lawyer who is transparent about their costs and fees.
If you believe your family court decision is legally flawed or unjust, you have rights and options. Whether you need to file an emergency writ or navigate the appeals process, a skilled Mission Viejo family law appeals & writs lawyer from Quinn & Dworakowski, LLP, can help you work through each step of the intricate appeals process. As time is of the essence in appeals and writs cases, it’s crucial to take action as soon as possible. Contact us today.