At Holstrom, Block & Parke, APLC, our appellate lawyers help clients to ensure that the results of their legal matters were handled fairly and in accordance with the law. If you feel your rights have been violated in a legal proceeding, we can help.
Call for your free phone consultation with our Temecula appeals attorneys.
The family court system in California does not grant appeals based on a person’s displeasure with their court outcome. There must be sufficient evidence that a miscarriage of justice occurred during your initial family court case. This could mean that evidence was mishandled or that the judge on your case acted in a prejudicial manner. If the ruling did not go in your favor, and all facets of the case were handled correctly, then you do not have grounds for an appeal.
After you have received a final judgment in a child custody or visitation case, you will have a chance to appeal the ruling with the help of an attorney. However, the child custody process is a slow moving procedure. Even in amicable situations where both parents are willing to do what is best for the child, the process is lengthy. While you are in the middle of the initial case for custody and visitation, an appeal is not possible. During this time, the court may grant temporary custody to one parent, or another qualified adult, so that the child has a safe and healthy place to reside while the final determination is being made. If temporary custody is instituted, you may not appeal that ruling.
There is a big difference between appealing a child support ruling and having that ruling amended. If the judge has finalized his decision regarding you receiving or paying child support, and then your financial or health situation changes, you may go back to court to have the judgment amended. This means that the new evidence in your case will be presented, and the judge can make a new ruling about money paid. Appealing a child support judgment is only possible if you and your attorney can prove that your rights were violated during the child support trial.
If one spouse gets the home and the other feels that is unfair, this is not proper grounds for an appeal. As the court divides the entire net worth of the property equally, everyone will have received their “fair share” after the ruling. This may mean that the home you love will need to be sold, and then the money divided. This is unsettling and upsetting for many former spouses. Only an attorney, like those at Holstrom, Block & Parke, APLC in Temecula, can determine if your rights have been violated in a property distribution ruling.
It is possible to appeal the final ruling of a civil court case if either party feels that their rights have been violated. Simply not liking the final judgment of the case is not grounds for an appeal. Either the plaintiff or the defendant, and their respective attorney, must be able to prove that there was a miscarriage of the law during the first trial.
In a civil appeal, evidence that was presented in the initial trial is reexamined.
If you believe your case was handled unfairly, call our firm at (951) 749-5863 for a free phone consultation. We can determine if you have the right to an appeal, and we can get started on developing your case. Contact Holstrom, Block & Parke, APLC today.