For many couples and families, court matters can be incredibly complex. As such, when the matter is closing, you may feel immense relief. However, when the issue is not what you were expecting, it can make matters worse. However, it’s important to understand whether or not you can appeal these issues. The following blog explores what you should know about filing an appeal regarding a family law decision and why you must connect with Los Angeles family law attorneys to explore your rights and legal options if you believe justice was not served.
Why Might I Need to Appeal a Family Law Decision?
When you learn of your family law decision, finding that it hasn’t gone your way can be incredibly frustrating. As such, you may wonder if you can file an appeal to have the decision overturned. You should note that you cannot have a decision overturned because you disagree with it. There must be something legally wrong with the decision to warrant an appeal.
Generally, you may need to appeal issues regarding custody decisions, child support, alimony, or property distribution. In many instances, this could be because you feel like there were errors in your trial that led to an unfair outcome. For example, if you have reason to believe the judge assigned to your case abused their power to issue a decision that may not be fair, this can warrant an appeal. This is considered a prejudicial error, which means there were mistakes within the law or procedure.
What Should I Do if I Want to File an Appeal?
If you want to file an appeal, it’s important to understand that you cannot present new evidence. Appellate courts in California will not allow the person filing the appeal to introduce new evidence during an appeal. This is because the courts are simply looking to see if there was an issue with the court procedure or law error that could lead to your case being impacted. Additionally, the appellate courts have different standards they must adhere to when examining these matters.
If you want to file an appeal, it’s imperative to connect with an attorney. Not only will this help ensure you understand on what grounds you can file an appeal, but it also ensures you have legal representation to help you. The first step after determining whether or not you have the legal right to appeal is to file a notice. After, you must send important documents to the court, file a brief, and argue your case. The courts will then issue a decision.
As you can see, this process can be incredibly complex, with many strict deadlines you must meet. That’s why it’s imperative to connect with an experienced attorney to discuss these matters. At the Zitser Family Law Group, APC, we understand how frustrating these issues can be, which is why we are dedicated to fighting for you. Contact our team today to learn how we can assist you.
