FAMILY LAW APPEALS

 
 

When a person goes to court to have a matter decided, the decision of that court, often referred to as the trial court, is reviewable by a higher court known as either the appellate court or the supreme court. The appellate process, is a complex and challenging area of law, and winning an appeal is usually a difficult task. Only a low percentage of appeals are successful. Conversely, defending against an appeal is usually much easier, although still costly. The reason for this is that almost always the facts decided by the lower court are not reversible on appeal except in very limited circumstances. Therefore, usually only issues that involve questions of law are reviewed on appeal where it is alleged that the trial court misapplied the law to the facts of a case.

A family law appeal is perhaps the hardest kind of appeal to win. Most likely more than any other area of law, family law judges are given a great deal of discretion. This discretion provides a great deal of latitude and deference to the trial court by the appellate court, so much so, that only where the trial court judge has abused his or her discretion will there be a reversal. This rarely occurs.

The costs of appealing a lower court decision can be very costly. The court and other costs can easily be as high as $1,000.00, and the attorney fees will cost thousands of dollars depending on the complexity and number of issues on appeal.. Therefore, whether to proceed with an appeal may be determined under a cost benefit analysis--"is it worth spending the money for what you are trying to achieve?" This analysis is complicated by the fact that if you lose the appeal you may be required to pay the other party's court costs, and in some cases, the other party's attorney fees.

Attorney A. Stephen Rocha will review your case to help you decide whether an appeal is appropriate and wise in your case. Having been written about in Southern California newspapers about his family law appellate success, he will provide you aggressive and thorough appellate representation should you decide to proceed with an appeal. Please note that you only have approximately a 60 day period after a decision in a lower court is entered within which to file a notice of appeal or you are barred from appealing that decision

 

 

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Copyright 2009 Law Office of A. Stephen Rocha, Esq. All Rights Reserved.
 
 

We help in matters involving in providing lawyer representation in San Diego regarding: Family Law Appeals, Divorce (Dissolution of Marriage), Paternity, Prenuptual Agreement and Postnuptual Agreement, Sole Physical Child Custody, Joint Physical Child Custody, Sole Legal Custody, Joint Legal Custody, and Child Visitation, Child Support, Spousal Support, Support Garnishment Orders, Support Wage Assigment Orders, Domestic Violence and Restraining Orders, father's rights, dad's right, Separate Property Characterization, Community Property Division, Military Divorce, Division of Retirements including Qualified Domestic Relations Orders, Flat Fee Divorce, Flat Rate Divorce, Affordable Divorce, Low Cost Divorce, Cheap Divorce, Prepaid Divorce, Paralegal Divorce Services, and Dissolution of Domestic Partnerships.

The Law Office of A. Stephen Rocha represents clients throughout San Diego County, including: Allied Gardens, Alpine, Barrio Logan, Bankers Hill, Bay Park, Bonsail, Camp Pendleton, Carmel Valley, Carlsbad, Centre City, Chula Vista, City Heights, Clairemont, Clairemont Mesa, Coronado, Crown Point, Del Cerro, East County, El Cajon, East Elliot, East San Diego, Encanto, Escondido, Encinitas, Golden Hill, Grantville, Hillcrest, Kearny Mesa, Kensington, La Jolla, La Jolla Shores, La Mesa, La Playa, Linda Vista, Logan Heights, Loma Portal, Mira Mesa, Miramar, Miramar Ranch, Mission Beach, Mission Hills, Mission Valley, National City, Normal Heights, North Clairemont, North County, North Park, Oak Park, Ocean Beach, Oceanside, Old Town, Pacific Beach, Peninsula, Point Loma, Poway, Ramona, San Diego, Scripps Ranch, Serra Mesa, Sorrento Valley, South Bay, South Park, Talmadge, Tierrasanta, University City, University Heights, and Vista.