Although a decision made by the family law courts in California is generally irreversible, it is possible to file an appeal to attempt to change the outcome of your case. An appeal seeks to have a higher court reverse or alter a decision made by a lower court. If you are not happy with a family court decision in San Jose, California, the Schoenberg Family Law Group can review your options for an appeal.
What Is a Family Law Appeal?
A family law appeal is a case filed with a higher court than the family law court that issued the original order. During a civil appeal, the higher court will review the original case to determine if an error was made. The appeals court will only look at evidence and information presented during the family law case; you are not able to submit new evidence or redo the trial with an appeal.
An appeal checks for legal errors, such as a mistake made by the jury, an error in the process or a violation of one party’s constitutional rights. Newly discovered evidence that would result in a different court decision may also be considered during an appeal. If an appeal succeeds, the higher court may order the lower court to change or reverse its decision. A family law appeal might be the right choice for you if you don’t agree with a court’s decision and believe an error was made.
How Do You File an Appeal in San Jose?
If you wish to file an appeal in San Jose, California, you or your lawyer will start by filing a notice of appeal. This is a form filed in the Superior Court. This lets the other side of your case know that you are filing an appeal and begins the process. The correct form depends on whether you are appealing a limited or unlimited civil case. You can appeal many types of family law court orders, including:
- Property division
- Child custody and visitation
- Child support
- Domestic violence restraining orders
You must act quickly if you wish to appeal a family law court decision in San Jose. A strict deadline applies to your right to file an appeal for a civil case, typically either 30 to 60 days after you’re notified that a judgment has been entered or 90 to 180 days after the entry of judgment. If you miss your deadline, your appeal will most likely be dismissed.
What Does the Appeal Process Look Like?
No later than 10 days after you file your notice of appeal, you must designate the record, or let the court know which evidence you want them to include in the record sent to the appeals court. You may have to pay for these records upfront. Upon receiving your appeal, a panel of Court of Appeal judges will review the evidence from the original case, along with any response filed by your ex-spouse. It will apply the appropriate legal standard to review the lower court’s decision.
Note that filing an appeal does not pause the family law order that you are appealing. You must obey the existing court order in its entirety until an appeal changes the decision, if and when this occurs. If you wish to pause the enforcement of a court order, you must take separate measures to “stay” the order. A lawyer can help you make this request to the District Court in your county.
Contact a San Jose Family Law Appeals Attorney Today
If you wish to file a family law appeal, an attorney at the Schoenberg Family Law Group can help you with this legal process. We will fill out and file the required paperwork and guide you and your family through each step of appealing a family court decision in San Jose. We have years of experience handling appeals, including going before the California Supreme Court for appeals. Learn more about how our San Jose family law appeal lawyers can help you during a comprehensive case review. Contact us today.