Washington Family Appeals Lawyer
When a family court in Washington issues an order regarding alimony, child custody, property division, or another matter, the decision is final and legally binding, at least at first. However, not all decisions made by the family courts are final. There are times when you may be able to appeal the decision made by a family law judge, but they are very strict instances. Below, our Washington family appeals lawyer explains in greater detail.
What Happens During Family Appeals?
Family appeals are requests for a higher court to review the decision of a lower court. The higher court is known as the appellate court and they operate very differently from lower courts. If you are filing the appeal, you are known as the appellant and you must argue that the lower court made an error when applying the law or pertaining to the procedural ruling. You must also show that the error impacted the outcome of your case.
Family appeals are not opportunities to present new evidence, nor are they retrials. Instead, the appellate court will review the case based on the court record from the trial and the arguments presented by the different parties. When appealing a family law decision, you must have proper grounds for doing so.
Legal Errors
One of the most common grounds for family appeals is that the trial court made a legal error. This means that the family law judge misapplied or misinterpreted the law in a manner that impacted the outcome of your case. For example, equitable distribution laws govern property division matters in Pennsylvania. If the family law judge used community property rules, this is a legal error that could result in an unfair settlement.
Abuse of Discretion
Family law judges are given a great deal of discretion in legal matters. Their role is to listen to the parties involved, analyze the evidence, and make decisions accordingly. The discretion given to judges allows them to tailor decisions based on the facts of a case. However, there are limits to judicial discretion. The appellate courts can overturn a decision if it is found that the judge abused their discretion. This means the decision was unreasonable, arbitrary, or not supported by the evidence.
Procedural Errors
Decisions made in family court can also be overturned if a trial was affected by procedural errors. For example, if the lower court improperly excluded or admitted evidence, these are procedural errors that could unfairly impact the outcome of a case. If one party was denied their right to present their case, or did not receive adequate notice of a hearing, these are other procedural errors that can result in an unfair outcome and provide grounds for appeal.
Our Family Appeals Lawyer in Washington Can Help You Through the Process
You are not required to work with the same attorney who represented you in lower court and in fact, it takes a different set of skills and knowledge to appeal a family law case. At Bunde & Roberts, P.C., our Washington family appeals lawyer can help you prepare by letting you know what to expect and will guide you through the process so you obtain the fair outcome you deserve. Call us now at 412-391-4330 or contact us online to schedule a consultation and to get the legal help you need.
