Appeals in San Luis Obispo Family Law Cases
If you are party to an unfair and unreasonable divorce or family law judgment, work with Hosford & Hosford. As an established San Luis Obispo law firm, we offer years of experience working with clients to obtain favorable results through the appeals process.
In a family law appeal, a reviewing court examines how the trial judge applied the law to your case. If the court finds that a legal error has been made, it orders a correction.
If you are considering a challenge to a trial court decision related to spousal support, property division, child custody, visitation, guardianship, or another issue, the appeals process may be able to help you.
The Appeals Process
With limited exception, no issue can be raised in the court of appeal which was not first raised in the trial court. As a result, Hosford & Hosford begins preparing for the appeals process during your initial trial.
For example, our attorneys will:
- Present appropriate challenges to including or excluding evidence.
- File for motions after the trial.
- Request a statement of decision. This is an explanation from the court of the factual and legal grounding for its decision, and it can allow Hosford & Hosford to file objections against the findings of the court.
After your trial hearing in San Luis Obispo, the appeal starts when your attorney files a notice of appeal on your behalf. The timing for filing is very important, and it varies with the issues you are challenging and the facts of the case. Filing late may eliminate the option to appeal entirely.
The court of appeal evaluates whether there is legal grounds for the appeal. To overturn a lower court ruling, most appeals must show an “abuse of discretion,” which can be a high bar to meet. Hosford & Hosford has successfully overturned lower court decisions on appeal in the past, including representation before the Supreme Court of California.
Working with Hosford & Hosford on Appeals
If you are entering into or concluding a family law case, meet with Hosford & Hosford as soon as possible. This will allow us to lay the groundwork for appeal during your trial court hearing and to submit the notice of appeal in a timely manner.
When you sit down with Hosford & Hosford to discuss an appeal in San Luis Obispo, we will evaluate your circumstance to determine the best approach to your case. Appeals are actually only one of the legal processes available to you to challenge a trial court’s determination.
Another is a petition for writ of administrative mandate. This is a request that the appeals court review and reverse the trial court’s order to ensure that the trial proceeded according to law. Hosford & Hosford might consider a petition for a writ of administrative mandate if delays inherent in the appeals process are impacting your rights. There are few decisions in law that cannot be changed or appealed, but if the period for filing a notice of appeal passes, there is no attorney or judge in the land that can do anything about it. In most cases, that timeframe is 60 days after the Notice of Entry of Judgement is filed. If you think your issue may be appealable, do not delay in scheduling the appointment.
To learn more about appealing your family law case, contact our firm. We will answer your questions and provide you with a realistic assessment of your case. Where appropriate, we will also work with your trial attorney to make sure your rights on appeal are protected during the trial.