The appellate attorneys at Holstrom, Block & Parke help ensure that our clients' cases are given every possible chance for a successful outcome. When their cases are handled unfairly or not in accordance with the law, we can address our clients' needs by filing an appeal and fighting for a second chance before the court.
Get a free phone consultation by calling (951) 432-5351 today.
Simply disagreeing with the court's decision is not enough for an appeal. Appeals are a legal process utilized to resolve a "legal miscarriage," or a result of the justice system not operating fairly or effectively. This could include mishandled or neglected evidence, or a judicial decision that was based on prejudicial understanding of the case.
Ultimately, you may have grounds for an appeal if any facet of your case was handled unjustly or incorrectly by the judge. Only an experienced attorney can determine if that's the case, which is why an initial consultation is so vital.
Appeals can only be filed after a final judgment is provided. Because the child custody process is so lengthy and slow-moving, temporary custody may be awarded to one parent or to a qualified guardian for the duration of the child custody proceeding. This ensures their safety while you and your spouse argue for the final determination. Unfortunately, temporary custody cannot be appealed, as it applies prior to the rendering of the final judgment.
There is a vital distinction between an amended child support agreement and a child support appeal. Amendments to your child support agreement (or "modifications") are a result of changing circumstances--for example, losing your job or suffering from a debilitating health issue. However, if the terms of your agreement are the result of violating your rights or an unjust handling of your case, you may have the right to an appeal.
Determining when your rights have been violated is key to filing a property distribution appeal. The property distribution process is naturally upsetting—splitting assets often means liquidating them, such as selling the family home. Those untrained in the law have a difficult time distinguishing between what feels unfair and what is genuinely and legally unjust.
When appealing a civil case, a Riverside attorney must be able to prove that a miscarriage of justice took place—that the judge made a mistake regarding the circumstances of your case, that the evidence was mishandled, or that a decision was made that did not comply with laws relevant to your claim. This requires extensive experience with both trial law and appellate court. Our attorneys can request a reexamination of your initial trial, helping you get a second chance.
Discuss your case with us in a free phone consultation. Call (951) 432-5351 today!