Newport Beach Family Law Appeals and Writs Lawyer

Newport Beach Certified Appellate Law Specialists in Family Court

Anyone unfamiliar with the legal system is sure to struggle to understand the world of appeals and writs. These tools are designed for Newport Beach individuals to tap into when they are looking for a higher court to review a decision from a lower court. They are essentially an avenue to generate confidence in our legal system that justice is served. By having a better understanding of what appeals and writs are, you can have more control over navigating the legal system with your attorney to reach closure over your family law case.

What Is A Family Law Appeal? What Is the Process Like?

An appeal is a legal channel that allows someone to challenge a trial court’s decision in a formal appellate court. This allows those who do not feel like an accurate decision was reached to seek a second opinion. It is not an opportunity to re-litigate a case, but rather have another close eye to analyze the facts of a case and share if they believe the final outcome was fair or incorrect.

The process typically starts with a notice of appeal. State residents typically have 30 to 60 days from the final judgment of the case that they want to be reviewed. If it’s any longer than 60 days, there is a chance the right to an appeal will not be honored. After the notice, an appeals attorney can help prepare the record on appeal, which is a comprehensive look into the documents and transcripts of the original trial. Both parties will then submit their own written briefs to the court that further detail their arguments with supporting facts. Once this is all reviewed, the court will issue a final written decision that either affirms, reverses, or modifies the original ruling.

What Is a Writ? What Are the Most Common Types?

A writ is an official order from a higher court that a lower court must obey. There are a ton of different types of writs in the state that may come across the desk of your attorney, depending on the case. This includes:

• Writ of habeas corpus. If someone is under the impression that they are being detained or imprisoned unlawfully, a writ of habeas corpus is often leveraged. The court will take a detailed look into how the person became detained and if it’s a position they believe makes sense or needs to be reversed. The individual will be released if the court is not comfortable with the original decision.
• Writ of mandate. Sometimes a lower court has not followed the law, both intentionally and unintentionally. This is where a higher court will issue a writ of mandate and require the other court to do whatever is needed to stop any illegal activity. For example, if a judge should have recused themselves but didn’t, a higher court could file this writ to stop the proceedings and reverse any decisions.

Both of these tools have been carefully created to make sure that the US legal system operates as fairly and accurately as possible. If you believe to be a victim of an unfair decision and would like a second opinion, a Newport Beach appeals and writs lawyer can help you get started on the process.

FAQs

Q: Is a Habeas Petition an Appeal?

A: No, a habeas petition is not considered to be an appeal in the traditional sense. Many people get confused because both an appeal and a habeas petition go through a review from a higher court. However, an appeal is specifically designed to challenge what decision was made by a trial court. A habeas petition is only focused on if someone’s imprisonment is lawful. The latter is often only filed when an appeal has fallen flat and the parties involved are not satisfied with the original ruling.

Q: What Can a Writ of Habeas Corpus Be Used For?

A: There are a ton of reasons someone might decide to advance with a writ of habeas corpus as a shot at getting a second opinion. A lot of this is surrounded by the interpretation of constitutional rights. For example, if someone believes that a specific right was violated during the process of obtaining evidence or even arresting an individual, a writ of habeas corpus can be used to get a fresh look at the facts. Another way to look at using this tool is when new facts may have arisen, and the individual believes the original ruling is no longer valid. If you are questioning if a writ of habeas corpus is an avenue that might bring clarity to your legal struggles, connecting with an attorney can help you get a better idea if it’s the right step for you.

Q: How Do You Successfully Win an Appeal?

A: To be clear, no one can guarantee an appeal will be a win. It raises a red flag if someone is trying to offer you that type of assurance. The favorable plan of action is to follow the advice of an attorney who has a bunch of wins under their belt and can leverage different strategies that have worked in the past. A lot of pressure rests on how well-structured and persuasive the legal argument is for your position. The more time that is spent refining the messaging and collaborating with your attorney, the more you can feel confident that you gave it your all.

Q: What Happens if You Lose an Appeal?

A: Losing an appeal can be a frustrating experience because it feels like your last attempt to get a second opinion didn’t end the way you wanted. Sometimes this means that your original feeling that something was unjust was. In other scenarios, you can still advance this case back to be remanded, where the trial court will take another look. This can result in a modified ruling from what was originally decided. A Newport Beach criminal attorney can guide you through this process to make sure every angle is exhausted before a final decision remains truly final.

Contact Quinn Dworakowski Family Law Attorneys Today

If you are unsatisfied with the result of a specific trial and would like another look into matters, the attorneys at Quinn Dworakowski Family Law can help. We can utilize the power of both criminal appeals and writs to make you confident in the justice system and ensure that any final trial outcome is exactly as the law intends it to be. Contact us today. We look forward to hearing from you soon.