If you are unhappy with the outcome of a family law case, you may have the option to appeal the decision to a higher court. An appeal is a legal process that allows you to challenge the ruling of a lower court based on errors of law or fact. However, an appeal is not a second chance to re-litigate your case or present new evidence. It is a complex and time-sensitive procedure that requires the assistance of an experienced Nassau County family appeals lawyer. Contact the Law Offices of Eyal Talassazan, P.C. today so we can help you fight for the outcome you deserve and need.
Courts don’t always get it right the first time. If you believe the court made a mistake in its initial decision concerning your family law matter, you should strongly consider retaining the services of a seasoned Nassau County family lawyer who can guide you through the appeals process. Fortunately, if you’re reading this, you are in the right place. The Law Offices of Eyal Talassazan, P.C. is here to be your number-one advocate, every step of the way.
You can appeal a wide range of final judgments or orders issued by a family court in Nassau County. This includes decisions on matters such as:
Importantly, not every decision is appealable. For example, you cannot appeal a temporary order that is issued during the pendency of your case, such as a temporary restraining order or a temporary custody order. You also cannot appeal a decision that you agreed to voluntarily, such as a settlement agreement or a consent order. That said, if you are unhappy with a final judgment and want to appeal it, you should strongly consider hiring a Nassau County family appeals lawyer who can assess the issue at hand and help you determine whether you have a strong case.
To win an appeal, you will have to prove that the lower court made a mistake that had a significant impact on the outcome of your case. Some examples of appealable mistakes include a mistake of law, such as applying the wrong legal standard or misinterpreting a statute, or a mistake of fact, such as ignoring relevant evidence or making an unreasonable finding based on the evidence presented.
Importantly, you should note that only mistakes that are significant enough to warrant a different outcome will be reversed. If the mistake falls under what’s known as the “harmless error” doctrine, the court will be unlikely to reverse it.
The appeals process is different from the trial process and has its own rules and procedures. You need a lawyer who understands how to navigate the appellate system and present your case effectively to the appellate judges. A competent family lawyer can help you with the following steps of the appeals process:
A lawyer can also advise you on whether you have grounds for an appeal, what your chances are of success, and what your options may be if you lose or win your appeal.
If you are considering appealing a family law decision in Nassau County, contact the Law Offices of Eyal Talassazan, P.C. today. We have the knowledge and experience to handle any type of family law appeal, and we will work diligently and passionately to achieve the best possible outcome for you and your family.