While those who are involved in a family law matter in court may hope that a judge issues a fair ruling, the reality is that many people end up on the wrong end of an unfavorable ruling. Fortunately, in most cases, parties who believe that an error was made during their legal proceedings have the right to file an appeal. This process can, however, be complicated, so if you have questions about filing an appeal after your own legal dispute, you should speak with an experienced Johns Creek appeals lawyer who can help you.
The appeals process protects people from mistakes made by judges. Through the appeals process, a party can take a case to a higher court, which will then have the responsibility of reviewing and potentially modifying the ruling. In Georgia, both parties to a family law matter have the right to appeal a final court order. Whether an appeal is successful, however, depends on a number of different factors. If, for instance, a case is subject to a direct appeal, the appeal will be granted automatically upon the filing of a motion. Discretionary appeals, on the other hand, are a bit more complicated and require a majority decision from the appellate court judges, who must agree to grant the appeal before starting the process.
A person can only file an appeal if he or she believes that a lower court judge made an error in the case. This error can be one of two types: a mistake in the interpretation of existing law, or an error in fact, which means that the court reached a decision that shouldn’t have been made in light of the evidence presented. Common examples of reasons for an appeal, include:
- A conflict of interest with the judge or a prior attorney;
- Receipt of ineffective legal counsel;
- A failure to comply with court procedure;
- The existence of evidence or witness testimony that should have been presented, but wasn’t;
- There was evidence that was considered, but should have been disallowed by the court; or
- The judge or jury made a mistake in interpreting or applying the law.
These types of problems can arise in a wide range of family law-related proceedings, including those related to:
- Alimony;
- Child custody;
- Child support;
- Divorce decrees;
- Property division; and
- Parental rights.
Appellants, or those who are filing an appeal, should be aware that there are strict filing deadlines with which they must comply to have a chance at overturning an earlier ruling. For instance, most appeals must be filed within 30 days of a lower court’s ruling. To learn more about these procedural rules and ensure that your own case isn’t dismissed for a failure to file your appeal before the deadline, please call our office today.
Please call Buckhead Family Law at 404-390-0000 to speak with a dedicated Johns Creek appeals lawyer about appealing a court’s ruling in your own family law case.
