Family Law Appeals
Judges in family law courts are experienced and diligent, but they are not infallible. They sometimes make mistakes that need to be corrected by a higher court. Asking the court on the next level up to reconsider a legal matter is generally referred to as appealing a case.
Generally, you need very specific legal grounds to file an appeal. The proceeding is handled very differently than a trial, and for that reason, many family law attorneys do not like to appeal legal decisions. Success at the appellate level requires an additional set of skills and experience that many family law attorneys have not acquired.
At Schaffner Family Law, however, we are excited by the opportunity to appeal an incorrect decision. Managing Partner Tasha Schaffner has litigated numerous cases through the appeals process, and her efforts have led to changes in the law that have a positive impact on many families.
If you want to appeal a judge’s decision, it is important to act quickly, because the deadline to file is often quite short. We can review the circumstances and determine whether an appeal would be justified under the law.
Why Cases are So Different at the Appellate Level
When we think of a court case, we tend to picture attorneys making their arguments before a judge or jury and presenting evidence to support their assertions, such as exhibit A, B, and so forth. A case heard on appeal is nothing like that. Instead, the persuasive powers of an attorney are put to the test with reasoning rather than emotion.
Attorneys make their arguments in writing for the court to study in detail. To succeed with an appeal, an attorney must have developed finely tuned persuasive reasoning skills and know how to present arguments in a logical fashion that is compelling to the panel of judges deciding the case.
Tasha Schaffner leads a team with an unusual degree of experience pursuing family law cases at the appellate level. Whether we have handled your case from the start or you worked with another attorney and are seeking assistance from a legal team experienced in handling appeals, we invite you to contact us as soon as possible to learn what may be possible in your case.
Appeals are Based on Application of Law, Not Factual Determinations
When determining whether an appeal is likely to succeed, it is important to understand that we can only appeal the way a judge interpreted or applied the fact. We cannot appeal the factual findings made by the court. There must be a plausible error in the application of the law to the facts.
For instance, in a property division decision, if the judge decided based on the facts that the equity in your family home was worth $420,000, we cannot appeal that finding, even if you have terrific evidence to show that the value should be $600,000. New evidence will not be considered on an appeal. However, if the judge determined that you should not receive a share of that equity because your spouse did more to contribute to the value of the home, we may be able to appeal that determination, depending on the situation, based on the argument that the judge did not apply the principles of equitable distribution appropriately.