Scottsdale Appeals Services
At Burggraff Tash Levy, our Scottsdale appeals services lawyers know that deciding whether to file an appeal can seem overwhelming, especially if you have just finished a long case in the superior court. Our Scottsdale appeals services lawyers are here to answer your questions, discuss your options, and help you understand your rights. If we represent you in your appeal, our lawyers will guide you through every step of the process as efficiently as possible.
Scottsdale Appeals Services Attorneys
Considering Filing an Appeal? Find Out How Our Family Law Appeals Attorneys Can Help
Family law rulings can significantly impact the lives of those involved. Sometimes, these outcomes may not be satisfactory or in the best interest of the involved parties, prompting the need for an appeal. Family law appeals offer a pathway to challenge and review these rulings. At BTL Family Law, our family law appeals lawyers team is prepared to guide you through this intricate legal terrain. Our lawyers offer a high level of service, leveraging a profound understanding of Arizona’s family law and appellate processes to provide superior representation for our clients.
At Burggraff Tash Levy, our Scottsdale family law lawyers know that the trial court does not always get it right and sometimes the decision needs to be reviewed by a higher court. Under certain circumstances, you can appeal the ruling of a Superior Court Family Judge. It is possible to pursue an appeal without an attorney and Arizona has put together a packet to assist unrepresented parties. (See Pro Se Guide). But the appellate process can be overwhelming because of all of the deadlines and specific rules.
When considering appealing a family law matter, it is best to consult an attorney with a background in both family law and appeals. Please also be aware there are certain deadlines that approach quickly so it is best to consult with an attorney as soon as possible.
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We are here to answer your questions, discuss your options, help you understand your rights, and, if we represent you in your matter, our lawyers will guide you through every step of the process.
Why Should You Choose BTL Family Law for Your Family Law Appeal Needs?
- Deep Knowledge: Our lawyers thoroughly understand family law and the associated appellate process, ensuring top-notch representation for your appeal.
- Successful History: Our history of successful family law appeals attests to our dedication and proficiency in the face of complicated legal scenarios.
- Tactical Approach: We don’t just follow the appeal procedures; we devise strategic legal arguments to improve your chances of a favorable appeal outcome.
- Clear Communication: Our team maintains transparent communication throughout the appeal process, breaking down complexities and keeping you informed.
- Unwavering Support: We understand the appeal process can be emotionally demanding. Our team extends sensitive and unwavering support to clients throughout their legal journey.
Choosing the right legal representation for your family law appeal is crucial. At BTL Family Law, we offer diligent representation and commitment to uphold your interests and rights. We’re ready to assist you in navigating the family law appeals process and working towards a favorable resolution.
What is an Appeal?
An appeal is a legal procedure that allows a party to request a higher court to review and change the decision of a lower court. It is typically invoked when a party, either the plaintiff or the defendant, is unhappy with the outcome of a case—or feels that legal errors occurred that impacted that outcome—and seeks a re-evaluation of the judge’s verdict or the jury’s decision from a higher court, known as an appellate court.
It’s imperative to note that an appeal is neither a new trial nor a platform to present fresh evidence. Rather, it’s an examination of possible legal errors that might have happened during the trial that could have affected the outcome of the case. In Arizona Family Law, an appeal is frequently the party asking the Arizona Court of Appeals to review the decision from the trial court level, typically the Arizona Superior Court.
What Is a Family Law Appeals Attorney?
A family law appeals attorney is an attorney who focuses on appealing a family court judge’s decision or orders to the court of appeals. A family law appeals attorney is adept at writing detailed, persuasive briefs for the court of appeals and is competent in the area of oral advocacy before an appellate judge panel.
What is the difference between an appeals attorney and a regular attorney?
An attorney is an attorney, right? The short answer is no. Just like one would not prefer a plumber to do electrical work in their home, any given client—knowing the difference—would not want a trial attorney who practices criminal law handling their family law appeal. Even if an attorney practices family law generally, they may not be open to taking on appeals cases. This is because the work is completely different.
Working with the court of appeals requires an attorney to be adept in research and case law analysis, writing appellate briefs, and oral advocacy. Not to say that these skills are not necessary when practicing before the superior court, but the court of appeals requires specific briefing that is not common to the everyday practice of law. The process is very tedious, time-consuming, and generally specific to working with the court of appeals. Because the process of working with the court of appeals is drastically different than that of working with the superior court, along with the fact that many attorneys have other superior court cases to attend to, many law offices do not offer appeals services at all.
How a Family Law Appeals Services Lawyer Can Help
When pursuing a family law appeal, the guidance and experience of a family law appeals attorney can prove instrumental. Their roles in this complex legal process are many, including:
- Initial Case Review: An appeals lawyer begins by thoroughly reviewing your case, understanding the trial court proceedings and decision, and determining the feasibility of an appeal.
- Appellate Strategy Development: If an appeal is viable, the lawyer then develops an effective appellate strategy. This involves identifying errors in the trial court decision and correlating them with applicable laws, regulations, and precedents that support your case.
- Detailed Document Preparation: An essential role of an appeals attorney is preparing detailed and compelling briefs outlining your arguments for the appellate court. These documents are meticulously crafted to present a convincing case for reversing or modifying the judgment.
- Oral Arguments Representation: In some cases, oral arguments may be requested by the appellate court. Your lawyer can represent you during these arguments, effectively addressing any questions from the bench and reinforcing the points made in your brief.
- Ongoing Advice: A family law appeals lawyer provides ongoing advice throughout the case, ensuring that you understand each step of the process and are prepared for possible outcomes.
Facing a court appeal alone can be an overwhelming experience. However, with the support and representation of our skilled Family Law Appeals Services Lawyers at BTL Family Law, you can confidently navigate this process.
When to Consider a Family Law Appeal
Deciding to proceed with a family law appeal is not a decision to be taken lightly. It requires attention to legal detail, a profound understanding of your case’s specifics, and a commitment of time, energy, and, potentially, financial resources. Here are some situations where considering a family law appeal might be apt:
Significant Financial Implications
If the court’s ruling significantly affects you financially, an appeal may be necessary. For instance, if a court’s spousal or child support order leads to severe financial strain, an appeal could potentially yield a more balanced outcome.
Custody and Visitation Rights
Disputes over custody and visitation rights can also spark an appeal. If you believe that the court’s decision does not serve the child’s best interest or compromises your rights as a parent, you may want to consider an appeal.
Errors in Fact or Law
A court decision based on factual inaccuracies or misinterpretation of legal statutes can be grounds for an appeal. If you believe that such errors significantly impacted your case, it may be wise to appeal the decision.
Legal Procedures Not Followed
If procedural errors occurred during your trial, and these errors significantly affected the ruling’s outcome, you can think about initiating an appeal.
Inequitable Division of Property
If property division in a divorce is deemed inequitable or unfair, an appeal can be used to seek a more equitable distribution.
Remember, choosing to appeal a decision requires careful thought and comprehensive legal counsel. An experienced family law appeals attorney can assess the merits of your potential appeal and help you decide the best course of action.
What Are The Grounds for Appeal From The Family Court?
The next question one may have is, what are the grounds for an appeal? Phrased another way: can or should one appeal the family court’s decision, child custody ruling, child support award, or other order entered by the family court? This is a difficult question that one should not face alone. Hence, the recommendation is to seek out a family law appeals attorney.
Generally, the court of appeals will not reverse (overturn) a family court’s decision unless the superior court judge made an error of law. An error of law can constitute many things, such as applying the wrong legal standard to a specific set of facts, missing a step in a statutory analysis, or making a decision that is clearly contrary to the evidence.
It is difficult to be successful on appeal. In fact, only a small fraction of family law appeals result in the trial court’s judgment or orders being overturned. As such, deciding to appeal a case is a difficult decision that requires appropriate advice and contemplation. This is yet another reason why it is recommended to seek out a family law appeals attorney before deciding to appeal a family court’s decision.
At BTL Family Law, we have an experienced appeals team. If you are considering filing an appeal, call Burggraff Tash Levy at 480-613-9324 or use our online form to schedule your consultation.
What Is The Process for a Family Law Appeal?
The Arizona Rules of Civil Appellate Procedure guide the process of an appeal. The process starts when a party receives a final judgment from the family court.
First Step: Notice of Appeal
After receiving a final judgment, i.e., all claims in a case have been ruled upon by the family court, a party that wishes to appeal (“the appellant”) has 30 days after the entry of the judgment to file a “Notice of Appeal” with the superior court along with all parties to the case. Importantly, if a notice of appeal is filed late—past 30 days—it will not be considered by the court of appeals.
The Records and Transcript
A party then must order transcripts of the proceedings (the trial or hearing in which one is appealing) so that the appellate court will have the ability to review what was said (the testimony and facts) during the trial, along with how the evidence presented was utilized. These documents form an essential part of the appeal as they provide a factual backdrop for the Appellate Court’s review.
The Opening Brief
A party must pay a filing fee to the Arizona Court of Appeals and fill out a form known as a case management statement, and at that time, the Court of Appeals will provide a due date for the opening brief. The opening brief is the Appellant’s opportunity to present their arguments, supported by relevant legal authorities, statutes, and precedents.
The Responding Brief
After the appellant has filed the opening brief, the other party (“the appellee”) will then have forty (40) days after service of the opening brief to file their respective answering brief. They may argue that the trial court’s ruling was correct or that any errors made by the trial court were harmless and did not affect the decision’s outcome.
After receiving the Appellee’s brief, the Appellant has a chance to respond, clarify any additional points, or counter any of the Appellee’s arguments. This reply helps cement the Appellant’s position and fortify their appeal. The appellant then has the option of filing a reply brief no later than 20 days after service of the answering brief. For a great resource regarding the appeals process, please see this guide regarding civil appeals.
In some cases, the appellate court may request oral arguments from both parties. This is an opportunity for the court to ask questions and for the parties to further explain their positions.
Following the careful review of the documents and (if applicable) the oral arguments, the appellate court makes its decision. This decision could affirm, reverse, or modify the trial court’s decision or, in some cases, remand the case back to the trial court for further proceedings.
Navigating the family law appeal process can seem daunting without the proper guidance of an experienced family law appeals attorney.
Getting Started with Our Family Law Appeals Lawyers
Perhaps you’re considering a family law appeal, or you’ve decided to move forward with one. In either case, taking that first step can feel daunting. At BTL Family Law, we strive to simplify this process and guide you every step of the way.
First and foremost, we start with a comprehensive consultation. Our highly skilled team takes this time to explore the specifics of your case, review the initial court ruling, and assess the potential for an appeal. This session gives you an opportunity to explain your goals, voice your concerns, and ask any questions you may have about the process.
If an appeal is indeed the correct course of action, we will then discuss the next steps, potential timelines, and the resources necessary to mount a compelling appeal. Our team prides itself on delivering clear, uncomplicated advice while establishing a strategic plan of action tailored to your specific case.
We encourage you to reach out to us today to schedule a consultation. Let’s explore how our family law appeals services lawyers can provide the professional guidance and support you need during this crucial legal process. At BTL Family Law, we have an experienced appeals team. If you are considering filing an appeal, call Burggraff Tash Levy at (480) 613-9324 or use our online form to schedule your consultation.
BTL Family Law – Scottsdale Office
8980 E Raintree Dr #110
Scottsdale, AZ 85260
P: (480) 307-6800