What Happens if a Domestic Violence Victim Doesn’t Show Up for C...
August 30, 2023 Domestic Violence
You've decided to take your domestic violence case to court and you've been granted a hearing. But now, for whatev...
Read full post
An appeal can be filed in a family law case if there is a legitimate reason to do so. The ruling in your family law case can significantly affect you and your children’s future, and if the ruling is verifiably faulty, the effects can be exceedingly difficult for all of you. If you have concerns related to a family law ruling you’ve received, don’t put off consulting with an experienced Aurora family law appeals attorney with considerable experience filing successful appeals.
You must have a valid reason for filing a family law appeal. This means your appeal must be based on a reasonable claim that the ruling was incorrect, to begin with. This claim can be based on a wide range of factors, including:
Your appeal can also be based on your divorcing spouse’s malfeasance and/or malfeasance on the part of his or her attorney – that you discovered after the fact. What you can’t do, however, is obtain an appeal simply because you didn’t like the outcome of your family law case – you must have a verifiable reason for proceeding.
You only have a limited amount of time after your family law case has been decided in which to appeal the decision handed down, and making your appeal within this timeframe is critical. Your attorney will write a brief that carefully outlines the issues in your case – procedural and/or legal – that your appeal is based upon.
While this is confusing to many, the Court of Appeals that hears your case will not consider any new evidence (unless it is related to nefarious activity on the part of your ex and/or his or her attorney that came to light after the fact). The appeals court will take everything in your brief and your trial transcript into careful consideration, and if it determines that additional clarification is required, your respective divorce attorneys may be requested to provide oral arguments on your behalf. If the appeals court rules in your favor – and depending upon their findings – the Court of Appeals may directly alter the trial court’s ruling or may send your case back to the trial court for either re-examination of the issue or for a new trial.
If you believe the family law court’s ruling in your case is faulty, consult with our Aurora family law appeals Lawyers at CNL Law Firm, PLLC, today. We are family law attorneys with extensive experience filing successful appeals for clients like you. Our dedicated legal team is here for you, so please don’t hesitate to contact us online or call us at (720) 370-2171 for more information today.
A family court appeal is a formal request made to a higher court, typically an appellate court, to review and change the decision of a lower court, in this case, the family court. This appeals process allows for the trial court’s rulings on family law matters, such as child support, custody, or divorces, to be reassessed. The appellate court reversed a decision when it found the trial judge made errors in applying the law to the case’s facts. The goal of an appeal is to ensure the trial court’s decision is just and aligns with the rules of family law.
To appeal a custody order in Colorado, the process varies depending on who issued the original order. If the order was given by a magistrate, you’ve got 14 days to seek review from a district court judge. If a judge issued the family court decision, a notice of appeal needs to be filed with the district appellate court within 49 days of the written order. This process is necessary to appeal any family law matter. In some circumstances, these decisions can be further appealed to the Supreme Court.
To appeal a divorce in Colorado, it’s crucial to understand that family law matters decided at the trial court level, either by a magistrate or a judge, have different appeal paths. Cases decided by a magistrate usually move to a district court judge, while those ruled by a judge are appealed to the Colorado Court of Appeals. To initiate an appeal, the order must generally be conclusively decided, and a final written order should be issued. You’ll require the expertise of experienced appellate lawyers who can craft compelling appellate briefs to present your case in the best light. Remember, the success of appeals in family law cases often depends on well-argued legal points and adherence to complex procedural rules.
In Colorado, the timeline for filing an appeal is largely structured by the issuance of a final signed order from the District Court. As a general rule, the Notice of Appeal should be submitted within 49 days following the order. However, the exact due date can vary depending on the specifics of your case. Therefore, it’s advisable to refer to Colorado Appellate Rule (C.A.R.) 4 for precise guidance on the due date applicable to your particular situation.
CNL Law Firm, PLLC focuses on helping families regain peace of mind during legal circumstances.
August 30, 2023 Domestic Violence
You've decided to take your domestic violence case to court and you've been granted a hearing. But now, for whatev...
Read full postJune 28, 2023 Divorce
Divorce can be a complex and financially straining process, especially when it comes to determining who pays the f...
Read full postJune 12, 2023 Divorce
Back in 2021, there were over 689,000 divorces occurred in the United States, with the average cost of divorce ra...
Read full post