Orange Hills Family Law Appeals & Writs Lawyer

Orange Hills Family Law Appeals & Writs Attorney

Family law cases, such as those involving divorce, property division, child support, and child custody, can seriously impact an individual’s life, especially if the ruling has legal flaws or is unfair. Fortunately, individuals may have the right to seek a writ to correct any judicial errors or work toward appealing the decision. If you believe your case was wrongfully decided upon, an Orange Hills family law appeals & writs lawyer from Quinn & Dworakowski, LLP, can help.

At Quinn & Dworakowski, LLP, our empathetic legal team understands the stress that can come with family law cases, especially those that are unfair or not based on fact. An experienced attorney from our team is eager to help you navigate the complex appeals process by leveraging our deep understanding of procedural rules, appellate court standards, and family law. Together, we can work to make things right.

What Is a Family Law Appeal?

A family law appeal involves legally challenging a decision made by a trial court, which is filed in a higher court. In family law appeals cases, the appellate court goes over the details of the case to see whether the trial court made any legal errors that could have impacted the final decision.

Unlike trials, appeal cases do not involve bringing any new testimony or evidence forward; they only involve a review of the previous legal arguments and court records, in addition to any argumentation briefs filed by the attorneys involved.

Family law appeals may be brought forward on the following grounds:

• Judicial mistakes. The trial judge did not apply the law correctly because they misinterpreted the law or applied the wrong standards.
• Violation of due process. The client’s right to due process was breached, such as if they were unable to fully present all of the evidence available in your case.
• Abuse of discretion. Based on the evidence available, the final decision was not reasonable or fair.
• Misunderstanding of the evidence. The court misinterpreted crucial facts in the case or ignored key statements or testimonies.

If a family law appeal in Orange Hills is successful, the courts may decide to send the case back to lower courts to be reconsidered, reverse the original ruling, or seek to modify the order.

What Is a Writ in Family Law?

In family law, a writ is an urgent request that is made to be reviewed by appellate courts before the current ongoing case reaches a decision. As opposed to appeals, writs are only used in outstanding situations where immediate action is required to prevent severe injustice or harm from happening.

How a Family Law Appeals & Writs Lawyer Can Help

The process of filing a writ or appealing a family court decision is an exhaustive and complicated process that requires in-depth knowledge and experience. A thoughtful Orange Hills family law appeals and writs lawyer can support you with the following:

• Looking into your case details to make sure an appeal or writ is right for you.
• Helping with the drafting and filing of appellate briefs with compelling legal arguments.
• Calling into question any procedural mistakes made by the lower court.
• Advocating fiercely to safeguard your rights and interests in front of appellate judges.

If you believe that your family court case was based on a wrongful decision, an empathetic attorney from Quinn & Dworakowski, LLP, is eager to help you make things right.

FAQs About Orange Hills, CA Family Law Appeals & Writs Laws

What Types of Family Law Cases Can Be Appealed?

Some family law cases that are commonly appealed are custody visitation orders, child support decisions, spousal support decisions, divorce rulings, determinations of property division, and restraining orders. Cases pertaining to adoption and parental rights may also be appealed. An experienced attorney can help you understand whether your family law case meets the criteria for an appeal.

What Is the Deadline for Filing a Family Law Appeal in California?

The deadline for filing a family law appeal in California is typically 60 days from the day the order or judgment is served. If you miss this deadline, you may lose your right to appeal your family law case. A diligent attorney can work closely with you to help you understand any crucial deadlines for your case, as well as assist you with taking the right steps to file an appeal.

Can I Introduce New Evidence in an Appeal?

No, you cannot introduce new evidence in an appeal. This is because appeals are only based on the record of the trial court, so it’s not possible to introduce any new evidence or testimony from witnesses. The appeal process involves the appellate court looking at whether lower courts adequately applied the law considering the evidence that was introduced in the first place.

What Are the Grounds for Filing a Family Law Appeal?

The grounds for filing a family law appeal may include a misapplication or misinterpretation of the law by the judge, an unjust ruling, or procedural errors. Additionally, if the decision made was not substantiated with sufficient evidence, this could be grounds for an appeal. Finally, if your constitutional rights were breached, you may have grounds to file a family law appeal.

How Is a Writ Different From an Appeal?

A writ is different from an appeal in that writs are requested before a case is finalized. While an appeal seeks to challenge a court ruling that’s been finalized after the case has been closed, a writ is requested in an emergency to ask higher courts to look into a severe legal error before finalizing an ongoing case. As a general rule, writs are more difficult to get than appeals but can offer significant relief in immediate situations.

Ensure Justice and Fairness in Your Family Law Case With an Orange Hills Attorney

If you believe there’s been a legal mistake in your family law case, it’s crucial to take action right away. As the appeals and writs processes are extremely time-sensitive, if you miss any deadlines, you could lose your legal right to restore balance to your case. A skilled Orange Hills family law appeals and writs lawyer from Quinn & Dworakowski, LLP, can help you understand your legal options and fight for the outcome you deserve. Contact us today.