Appeals

Since an appeal typically isn’t a new evidentiary hearing, it’s not meant to be a second chance at getting a different ruling. Appeals that are aimed at replacing a judge, or done because you don’t like the outcome, are not likely to get far.

But when a judge doesn’t follow the law or their order amounts to an abuse of their discretion, an appeal may be the perfect remedy. In this case, a higher court can see from the original hearing transcript and exhibits whether the judge followed the statutes or case law that should have applied in your case.

Proving abuse of discretion is typically harder. Often times, the argument for abuse of discretion is a judge disregarded the law and went rogue. This does happen, and the consequences can be tragic, but it’s rare.

If you choose to file an appeal, you must act quickly.  Often, there’s not a day to waste.  If you miss the deadline to file your appeal, your right to file one may terminate.  You should consult with a lawyer immediately to help determine how long you have to file the type of appeal you’re entitled to.

An appeal can be filed if:

• The judge made a mistake in the application of the law to your case
• There was a mistake made with the verdict

The ground for an appeal change from state to state.  Additionally, each level of appeal will have its own criteria. In family law cases, the grounds for appeal may include the following:

• Errors by the judge
• Errors of law
• Improper application of the law
• Misconduct of the judge or lawyers