Appeals Lawyers in Los Angeles
Fighting Wrongful Court Rulings & Preserving Justice
Do you feel that a court ruling in your family law case was unfair or unjust? Do you believe the court misapplied the law or that its judgment was erroneous? If so, you may have grounds for an appeal with a higher court. Your first step should be to consult with an appellate lawyer who can review your case regarding the various factors that apply to family law appeals.
At TRABOLSI | LEVY | GABBARD LLP, our Los Angeles appeals attorneys can provide you with the help you need. With three Board-Certified Family Law Specialists onboard, your case will be analyzed with expertise and care. With 100 years of combined legal experience behind us, we can represent you in search of a more just result at the appellate level, if an appeal is right for you.
Appeals for Family Law Issues
In deciding whether to appeal, you must weigh the potential benefits of such an action against how much it will cost.
Many factors must be considered in determining whether to appeal your case to a higher court, including:
- The appearance of new facts or data that are pertinent to the issues and the final judgment, such as hidden marital assets being found in a property settlement
- The court’s failure to consider important facts that could have influenced the result
- Representation by ineffective counsel
- You believe other legal errors occurred
- The court’s misapplication of the law
Furthermore, the appeals process is lengthy. Will an appeal work within the timeline of such a long process? For example, appealing a child custody ruling in which the child is aged 17 might be futile, given how long the appeals court may take to issue a decision. By that time, the child may have turned 18, rendering the issue moot.
Our firm will give you an honest assessment of where you stand regarding the merits of an appeal so you can make an informed decision.
How Does the Appeals Process Work?
To begin the appeals process, you must file a petition with the appellate court within a specific deadline after you have received the lower court’s ruling. Generally, this deadline gives you 30 days to file. If you fail to file within the designated period, your right to an appeal will be forfeited.
In an appeal, the appellate court will not conduct a new trial. The appellate court will only review the lower court’s proceedings for grounds to approve the appeal. When looking at the lower court’s record, the appellate court will examine all motions made before the lower court, all evidence the court reviewed, and a transcript of the trial.
The appellate court will also consider legal briefs submitted by your attorney as well as the attorney for the other side. Appellate briefs will argue each side’s position, outlining using persuasive argument why and how the ruling was in error. Oral arguments may also be presented to the appellate court by both parties.
Call TRABOLSI | LEVY | GABBARD LLP Today
To learn more about the appeals process and how your case might fit with the appellate court’s rules, procedures, and timeline, we recommend you discuss your case with a member of our accomplished legal team. Our firm is prepared to go to bat for your interests in cases where an appeal is appropriate for obtaining a more reasonable and just result.
Reach out to us at (310) 455-8364 to get started today.