Laguna Beach Family Law Appeals & Writs Lawyer

Laguna Beach Family Law Appeals & Writs Attorney

Filing a family law appeal or a writ may be the right decision if you believe that your case was incorrectly ruled on or if you disagree with the judgment. A Laguna Beach family law appeals & writs lawyer can be a valuable resource to help guide you through the appeals and writs process.

Appealing a Family Court Decision

You may have a chance to appeal a family court decision if there were potential legal errors made during your case. Some examples of the most common errors made during the family court process can include:

• Unlawfully or incorrectly blocking a witness from testifying
• A decision was made that conflicts with existing family law
• The decision relied on evidence that was not in the court record

The purpose of an appeal is to initiate a review of the details and information of the case. Appeals may be issued for family law cases involving:

• Divorce settlements
• Child custody
• Spousal support or alimony payments
• Domestic violence
• Burden of an Appeal

It is important to understand that it is the appellant who bears the burden of proving that there was some form of error in the court’s judgment. A judgment will be presumed to be correct unless there is strong evidence of a judicial error. An experienced family law attorney can help review your case and determine if there are grounds for a successful appeal.

Understanding Writs

A writ is an expedited request for immediate intervention in an ongoing court case. It is a request to the appellate court for intervention from a higher court. A writ request will include a writ petition.

Writ Petition

A writ petition is inclusive of several items. These items include the petition itself, a memorandum of key points, verification, a certificate of interested parties, a certificate of word count, applicable exhibits, and any applicable court filing fees. Exhibits can include either a reporter’s transcript of the court hearing or a declaration from the legal counsel that summarizes what happened at the court hearing.

A writ can be a powerful tool that, when used correctly, can dramatically influence the outcome of a family law case. During family law cases, it is vitally important that you engage the help and guidance of experienced legal counsel in Laguna Beach to ensure that all of your legal options are reviewed before you take action.

FAQs

Q: What Makes a Case Eligible for Appeal in California Family Court?

A: What makes a case eligible for appeal in California family court can include an abuse of discretion by the court, a lack of evidence in a case, or a wrongful application or interpretation of the California family law code. If you believe your case violated any of these actions, you may have a case for an appeal. The appeal process can include several steps, and deadlines can be strict under California state law. Engaging the right legal counsel can help to make the appeal process as smooth as possible.

Q: What Are the Writs for Family Law in California?

A: Writs for family law in California are orders issued from a reviewing court to an inferior court, such as a tribunal or trial court, compelling it to take judicial action. Writs are typically issued in cases in which there are no speedy, plain, or adequate remedies available. The major writs issued under California family law are the writs of mandate, also known as mandamus, writs of review, also known as certiorari, and writs of prohibition.

Q: What Is the Difference Between a Writ and an Appeal in California?

A: The difference between a writ and an appeal in California is that a writ is an order from a reviewing court to a trial court, administration, or a person to perform an action or to stop performing an action. An appeal involves a higher court of authority petitioning to seek an overturn or overrule made by a lower court. An appeal is generally used in situations where there was a possible misapplication of the law.

Q: How Do I Appeal a Family Law Case in California?

A: To appeal a family law case in California, the first step is to file a notice with the court that made the original ruling. This notice also notifies the higher court that you are appealing the inferior court’s decision. You will then choose to abandon or pursue the settlement, fill out the information sheet, and present your argument before the reviewing court. Your argument can include a brief, which is the written argument, and an oral argument before the judge. After this, a final decision will be made.

Q: How Long Does a California Family Court Appeal Take?

A: A California family court appeal can take about a year to resolve. Each case and appeal process can be slightly different, but the process takes about a year on average. The California appellate courts are usually overloaded with many cases. Therefore, your case may take a significant amount of time to resolve. California state law requires documents to be filed within strict deadlines, so it is important that you meet all the necessary criteria to make sure your case avoids any possible delays.

Quinn & Dworakowski, LLP: Attorneys on Your Side

Navigating a California family appeal or writ is much easier with qualified legal representation and guidance. Trying to navigate the legal system on your own can be intimidating, as there are strict deadlines and processes that must be followed to ensure that your case is resolved in a fair and equitable manner. Working with a qualified legal team that is experienced in juggling legal deadlines, filing requirements, and cases can ease much of the burden.

At Quinn & Dworakowski, LLP, we have a thorough understanding of the legal process behind family law appeals and writs. Our dedicated team of experienced lawyers can review your case, provide the proper guidance, and litigate on your behalf to obtain the court resolution you deserve. Speak with a member of our legal team or contact our office today to see how our attorneys can be a valuable resource to you during this important time.