Scottsdale Appeals Lawyer
Fighting for Your Best Interests Through the Family Law Appeals Process
Not all family law court cases result in what you believe is a fair and just ruling. This can lead to the necessity of having the lower court’s ruling evaluated by a higher court to determine its fairness. This is the underlying basic behind the appeals process. In same cases, you can appeal to an appellate court in seeking to have the original decision overturned or changed. This is a complex process that requires a different set of legal skills that involve detailed and convincing written briefs as well as strong oral arguments presented to the appellate judge panel.
Making an appeal calls for an attorney who is well-versed in both family law and appellate law. Because of how different the appeals process is from the standard practice of family law, many family law firms do not provide appeal services. At kdlaw P.C., we bring experienced representation to individuals seeking an appeal. We start by thoroughly reviewing your case to determine if an appeal is a viable option for you. Because of the challenges that an appeal presents, we work to evaluate your chances for success so that you can make an informed decision. Once it is decided to appeal, we will work with diligence and thoroughness to help you seek a positive outcome.
The Appeals Process
An appeal can be filed over any family law court decision, such as for child custody, child support, or marital property rulings. Appeals are not new trials with new evidence being presented. They are based on the idea that the lower court committed a significant error during the trial. The error could be related to the facts of the case or an error in applying the law. Appeals can also be filed on the basis of the judge abusing his discretionary authority. Where these errors are considered “harmless,” the appellate court will not overturn the original decision. However, if the error is considered to “prejudicial,” and thus affecting your right to a fair trial, the appellate court may reverse the lower court’s ruling and call for a new trial or an amended decision.
Because of the fact that appeals pertain to what occurred in the original trial, they require adept case analysis and legal research resulting in persuasive written briefs and oral arguments. Appeals involve detailed, time-consuming, and thorough work that is specific to this process. They are also subject to specific deadlines and procedures unique to the appellate court. They are basically argued by the opposing parties in written form that is backed up with references to relevant state laws, previous judicial decisions, and the original trial records. The opportunity to present oral arguments may be granted.
Let kdlaw P.C. Review Your Appeals Case
Deciding to move forward with an appeal is a big decision. Having experienced legal help is essential to the decision as well as to the process. Our firm brings decades of highly-complex legal representation in all family matters to your case, including those in which you believe an appeal is needed. Learn more about the process and how we can help by contacting our law office today.
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