Orange County Family Law Appeals Lawyer
Family law appeals, and all other civil appeals, are quite rare. Over 95 percent of these matters settle out of court. It’s almost impossible to appeal such matters. However, the parties are sometimes so far apart that an out-of-court settlement is impossible, and an error happens during the trial. Other times, the matter includes such a novel question of law that a higher court needs to resolve it. Because appeals are so rare, not very many lawyers focus on them.
To the dedicated Orange County family appeals lawyer at The Law Office of Robert Sunshine, an appeal is simply another chance to stand up for your legal and/or financial rights. When we handle family law and other appeals, we bring more than zealous advocacy to the table. We’re also familiar with all the complex appeals court rules in New York. That includes the unwritten ones. So, when you partner with us, the chances of obtaining a favorable outcome on appeal significantly improve.
Temporary Orders Appeals
We mentioned that 95 percent of final orders are settled out of court. The proportion is slightly lower at the critical divorce temporary hearing level.
Frequently, less-experienced associate judges hear temporary matters. These judges, who are often less seasoned than the attorneys who argue before them, must make critical spousal support, child custody, and other decisions based on very little evidence. Therefore, errors are common at this stage, especially if the judge is an emergency fill-in judge.
Additionally, there’s often no court reporter present at temporary hearings. The lack of a reporter makes it a little more difficult to challenge the result. So, temporary orders appeals aren’t for amateurs.
These orders technically expire when a judge enters a final order. However, appealing an incorrect temporary order is far from a technicality. These orders could stand for months or longer, depending on how long it takes to resolve the divorce itself.
Furthermore, the temporary orders are a blueprint for the final orders. The Eiffel Tower was originally a temporary tourist attraction. It’s still standing today. So, if an Orange County appeals lawyer doesn’t stand up for you at this point, there might not be another opportunity.
Final Judgment Appeals
To successfully appeal a case, an attorney must basically prove that an error in the trial, or in the lead-up to the trial, altered the outcome of the case.
Trial errors often include inappropriate arguments or incorrect application of the law. Generally, attorneys cannot make arguments which appeal to emotions. Moreover, family law trials have lots of moving parts. Judges sometimes follow the wrong procedure or apply the wrong law. That’s especially true if, as mentioned above, the law is a bit uncertain to begin with.
Events during the lead-up to trial, such as irregularities during discovery, could also be grounds of a successful appeal. If a party intentionally withholds evidence, the outcome isn’t fair, because it wasn’t based on all the facts.
Rely on a Diligent Clarkstown Attorney
Family law matters almost always involve emotional and financial issues. For a confidential consultation with an experienced Orange County appeals lawyer, contact The Law Office of Robert S. Sunshine, P.C. Convenient payment plans are available.