Murrieta Family Law Appeals Attorney

Murrieta Family Law Appeals Lawyer

Family law cases can be daunting. They can often get personal and emotional, especially if there is already strife between partners. The end result may not be what you wanted. Results are often uncertain in family law cases, with the ultimate decision being based on multiple factors. However, just because a ruling has been given, it does not mean it is over. You can consult with a Murrieta family law appeals attorney to get started on your appeal and keep fighting.

Grounds for Appeal in Family Court

In order to proceed with your appeal in family court, you must file within 60 days. If you are able to get a deadline extension, you may have up to 180 days. If you miss this deadline, your appeal may be denied on this basis alone.

Before you decide to go through with appealing the court’s decision on your family law case, you have to take certain factors into serious consideration. This is a big decision and should not be taken lightly. An appeal in Murrieta should be pursued if it is your most reasonable option. While considering how to proceed, you and your lawyer should consider the following as well:

• Is there a valid reason to pursue an appeal, or is this an emotional reaction to your recent court loss?
• Is the pursuit of an appeal worth the money and effort it will take to fight it?
• Are we within the required deadline to file an appeal?

An appeal is not exactly a new trial for you and your initial case. An appellate court will instead review the first trial and the actions taken by the court in light of the evidence presented at the time. No new evidence will be considered. An appeal can only be taken into consideration if there was something amiss or mishandled during the first trial. Here are some of the more common grounds for an appeal in family law cases:

• Jury Misconduct and/or Tampering: In many cases, juries are asked not to disclose information about the case they are involved with outside of the courtroom in any capacity. This includes speaking with loved ones, talking to reporters, or posting on social media.
  Juries can even be sequestered during a trial to keep them isolated from outside influence or interference. If a jury member is found to have violated these orders, it could throw out the entire result of your trial.In addition, jury members are supposed to remain impartial and make a ruling based solely on the evidence presented by both the defense and the prosecution. Making things personal or having a secret grudge of some kind could be considered jury misconduct.
• Violation of Constitutional Rights: Regardless of what kind of trial you are involved in (family, criminal, civil, etc.), you are afforded certain rights protected by the Constitution.

If any of those rights are at any point violated during the process of your case, you may have grounds for an appeal. This includes improper evidence gathering, failure to read you your Miranda rights, arresting you without cause, and failing to give you a speedy trial with an impartial jury.

The consequences and the stakes may not be as high as they may be in a criminal trial, but if you were somehow cheated out of due process, you may be able to file an appeal.

FAQs

What Are the Grounds for Appeal in California Family Court?

The grounds for appeal in a California family court are often any situation where the original trial resulted in unfair judgment. These grounds can include an abuse of discretion or power, a lack of evidence against you, an incorrect interpretation of the California family legal code, jury misconduct, or constitutional violations. Not every case will be eligible for appeal, and it is important to adhere to proper conduct throughout the trial to ensure an appropriate outcome.

Can You Appeal a Family Court Decision in California?

Yes, you can appeal a family court decision in California. Any final judgment made in a California court is appealable, though some decisions may take some time. If you feel the result of your family court decision was unfair or the result of some kind of misconduct or improper judgment, you can legally appeal the decision. That is not a guarantee that your appeal will succeed and a new ruling will be made in your favor. However, you are always allowed to try.

How Long Do I Have To Appeal a Family Court Decision in California?

You will usually have 60 days to appeal a family court decision in California. You will be able to appeal on or before 60 days from the initial date that you received a “Notice of Entry” of the court’s judgment from your first trial. If you fail to file a notice to appeal within that time frame, you will most likely forfeit your right to appeal the judgment. In certain cases, your lawyer could help you get an extension.

How Do I File an Appeal in Family Court in California?

In order to file an appeal in family court in California, you have to make sure you meet certain requirements. First, you must file within the required deadline. Next, you must have acceptable grounds for an appeal, such as a constitutional violation or unfair judgment. You and your lawyer will have to present a valid and compelling argument before the court of appeals and then await their final ruling. Filing an appeal does not guarantee they will now rule in your favor.

Reach Out to a Family Law Appeals Attorney Today

It is never easy to not get the desired result in a family law case. You may be feeling defeated, embarrassed, enraged, and even a bit scared. Thankfully, this does not have to be the end of the road, as the appeals process exists to help people in your position keep fighting. At Edgar & Dow, we can help you with your appeal by working further on your case and making sure your argument is compelling. Contact us to schedule a consultation as soon as you can.