Family Law Appeals
An appeal is when you ask a higher court to review or look at an order or a decision made by the court you went to first. The person who asks for the appeal is called the "appellant" and the person on the other side of the appeal is called the "respondent." You will typically ask the court to review the previous decision if you believe the first court made a mistake. The court could have made a mistake about 1) how facts were used in a case or 2) how the law was applied.
You may not appeal an order just because you do not like it. You must have legal reasons to do so. There are a few steps to start the appeals process in family court. First, the respondent must be served with a Notice of Appeal, which is a document that tells the other person that you are appealing. Then, you must bring copies of the Notice of Appeal with proof of service to the Clerk of Family Court that made the order. The Clerk will then give one of the copies to the Clerk of the Appellate Division. You should also give copies of the Notice of Appeal to any family lawyers who are involved in your case.
After the final Family Court order was given to you in court, you only have 30 days to file the Notice of Appeal. After you file your appeal, you must obtain a full record of your case, including transcripts, which you must pay for. Then you must prepare a full record of your case including a brief. The brief is a written legal argument that describes your reason for appeal. If you are the respondent of an appeal, you typically have about a month from the day you receive the brief from the appellant to file your own brief. Either the appellant or the respondent can ask for oral arguments, which is a chance to make your case to the judge of the Appellate Division in person. If there is no oral argument, the judges will make their decision based on the briefs and the case record.
The family lawyer who represented you in family court is the lawyer who will help you with your appeal. When you decide to appeal the first decision from family court, it is very important to have a good family attorney to assist you with filing for your appeal and writing your brief. If you or someone you know needs assistance with their family law appeal, call one of the experienced Myrtle Beach family lawyers at The Mace Firm to schedule your consultation.
