A Bad Ruling is Not Always the End of a Family Law Case
We hear about appeals all the time on television dramas particularly. Popular culture tends to associate appeals with criminal law. Yet, the system of checks and balances creates appellate opportunities in most areas of law. If you have had an adverse ruling in a Tulsa family law court, you may have an opportunity to appeal the decision.
Family law appeals are an important part have the legal process pertaining to all aspects of family law and divorce. If you are contemplating appealing an adverse family law ruling in Tulsa, Oklahoma, you need to talk to experienced Tulsa father’s rights attorneys as soon as possible. Time is limited and an appeal is highly technical.
An appeal of an adverse ruling takes the question of whether there was a legal error made in your case to a higher court, usually called an appellate court. Appeals courts can remedy legal errors made at the trial court level. The trial court includes all family law courts.
Family Law Appeals: The Clock Is Ticking
If you are contemplating filing an appeal, you must contact an experienced Tulsa men’s divorce lawyer as soon as possible. You only have 30 days from the time the trial court issues its final ruling to file for an appeal of that ruling. In those 30 days, several things must occur. The notice of appeal must be filed, trial transcripts must be ordered, and an appellant’s opening brief must be prepared.
Many attorneys specialize in appellate law. Appellate law is highly technical.
In trial court proceedings, most of the work happens in the courtroom. In appellate law, most of the work is handled in the office and consists of research and writing.
Your appellate attorney must present a complete picture of the error and the law covering the error. This must be fully supported by a complete trial transcript.
Family Law Appeals Issues
Any final order of the family law court is appealable. Therefore, a non-favorable ruling on issues such as child custody, visitation, property division, alimony, or the like can be brought before a higher court.
In an appeal, you are asking the appellate court to review the existing record for an error. Sometimes, the appeals court can grant a new trial as a remedy. Other times, an appellate court will issue a new ruling to remedy the situation.
Not Every Error Is Appealable
Just being dissatisfied with the trial court’s ruling does not automatically allow an appeal to be filed. For an appeal to be filed, there must be an appealable error and that error must have caused the adverse ruling. Some of the issues of legal error that are appealable include:
- Misapplication of the law
- Mistakes in rulings
- Evidentiary errors
- Decisions unsupported by the evidence
- Abuse of the court’s discretion
- Problems in jurisdiction
In the appellant brief, these errors need to be spelled out clearly and supported by the law and evidence. If there are mistakes made in the filing of the appellant brief, the matter will likely be dismissed without the ability to refile.
Therefore, it is important that you bring an experienced Tulsa family law appeals lawyer on board early. There are no second bites at the apple. You want to move quickly, and you want to get someone on your side who knows what they are doing and can fight for you.
Free Consultation With A Tulsa Family Law Appeals Lawyer
Always make sure to work with an experienced Tulsa family law appeals lawyer. These issues, once resolved, will affect your life for years to come. Do it right the first time. My name is Brian L. Jackson, and I am a Tulsa men’s rights attorney. I understand, and I am here to help when you need help most. Call me at 918-962-0900 or send me a message by clicking the consultation button anywhere on this site.