Appeals on Family Part Orders Attorney in Red Bank Advocates for the Interests of Clients Aggrieved by Erroneous Court Rulings in Monmouth County, Ocean County, Middlesex County, and Throughout NJ
Receiving an adverse ruling in your family law case can cause you to feel disheartened. However, you may also feel angry if the ruling occurred due to some error by the trial court. Fortunately, the New Jersey court system has appellate courts to hear appeals from family part decisions. The appeals courts can provide relief from procedural errors, misapplication of the law, or family part rulings based on inadequate evidence. However, an appeal does not allow you to retry your case. You need an experienced New Jersey appeal lawyer to help you prepare and pursue a compelling appellate argument. Our firm has advocated for clients' rights in appellate courts throughout New Jersey for over a century. Our legal team has extensive experience with appellate litigation, with some of our attorneys having served as appellate judges and justices of the New Jersey Supreme Court. You can trust our top-rated family law group to defend your rights and interests tirelessly.
Contact Joseph J. Russell Divorce & Family Law Attorney, for an initial case evaluation to discuss your legal options and learn more about the appellate process from an appeals on family part orders attorney in Red Bank at our firm. Let us help you pursue relief after the family part has made an error in your case.
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What Occurs During the Appeals Process in New Jersey?
In New Jersey, the process of appealing a family part order involves several steps:
- First, either party who disagrees with any portion of the family part’s order or judgment may file a notice of appeal within 45 days of the order’s or judgment’s issuance date.
- The party filing the appeal must also provide a copy of the transcript of the lower court proceedings.
- The opposing party has 15 days after receiving the notice of appeal to file a cross-appeal raising additional issues they want to be considered on appeal.
- The appellate court usually instructs both parties to write a brief explaining how the family part committed (or didn’t commit) a legal error.
- The appeals court will assign a panel of two or three judges to hear the appeal.
- The panel will schedule a hearing where each party or their counsel may present oral arguments to the court.
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When Might You File an Appeal from a Family Part Order?
You cannot succeed on appeal simply by disagreeing with the family part’s decision or seeing the evidence differently than the trial judge. Nor can you ask the appeals court to rehear the case or reweigh the evidence. Instead, to succeed on appeal, you must prove that the family part made an error during your case. Common grounds for filing an appeal include the following:
- Procedural errors – Appeals alleging procedural errors by the family part may argue that the trial judge denied a procedural motion, such as a motion to strike pleadings or a motion to stay the proceedings.
- Evidentiary rulings – Your appeal might argue that the family part judge erred by admitting improper evidence or refusing to admit relevant evidence.
- Insufficient evidence – An appeal challenging the sufficiency of the evidence argues that the trial record lacked enough credible evidence to support the family part’s decision.
- Erroneous interpretation or application of the law – You might appeal a family part order by arguing that the trial judge misstated the law or misapplied the facts of your case to the law.
Remember that you cannot introduce new evidence on appeal. Instead, your arguments must have a basis in the trial court record.
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How Can a New Jersey Appeal Lawyer Help You Navigate the Appellate System?
You need an experienced legal advocate to have the best chance of success in appealing a family part order. Turn to an appeals on family part orders attorney in Red Bank from our firm for help with the following:
- Reviewing the trial proceedings to identify potential errors you can raise on appeal
- Discussing your legal options and the likelihood of success on appeal
- Obtaining the trial transcript and docket
- Drafting and timely filing your notice of appeal or cross-appeal
- Crafting a persuasive appellate brief
- Advocating on your behalf during oral arguments to persuade the appellate court to grant you relief
- Ensuring the family part fulfills the appellate court’s remand order
Contact Joseph J. Russell Divorce & Family Law Attorney, to Learn More About How an Appeals on Family Part Orders Attorney in Red Bank Can Protect Your Rights
An adverse ruling doesn’t necessarily mean the end of your case. Contact a New Jersey appeal lawyer from our firm for a confidential consultation to discuss whether you may have a viable claim for appeal. Our experienced litigators will advocate for you when errors by the family part judge have affected the outcome of your case.