If you believe that a judge did not properly consider the facts or apply the law, the trial court judge’s ruling may not necessarily be the end of the road — you may be able to appeal the trial court’s ruling to an appellate court. If you would like to discuss a potential appeal in your case, you should contact Collins Family & Elder Law Group at your earliest convenience. We can help you continue fighting for your family with a domestic law appeal in NC or SC.
Our appellate attorney has more than a decade of experience in domestic law appellate work and has handled over 40 legal appeals in the North Carolina and South Carolina Court of Appeals, as well as the North Carolina and South Carolina Supreme Court. With this experience, we can provide solid, intelligent representation if your case progresses past the trial court. Overturn an unfair ruling with our help today.
Frequently Asked Questions About Domestic Law Appeals in North and South Carolina
What Is a Domestic Law Appeal and How Does It Work?
Sometimes, the trial court’s order is not the final word in a domestic legal case and may be subject to review by appellate courts. The appellate rules and procedures are different from the rules and procedures in place at the trial court level, and navigating the process requires the knowledge and expertise that is gained from years of experience handling appellate cases.
After a domestic trial, you may be able to file a divorce or child custody appeal, which is a request for a higher court to undo the ruling of a lower court due to misrepresentation or legal error. If your appeal is granted, you will not have another trial or submit new evidence in favor of your case, but an appeals court judge will reexamine the evidence you previously submitted to the trial judge. From there, the appeals court can either dismiss your request after confirming the previous ruling or modify the judgment. In rare cases, the appeals judge can even order a new trial.
Our appellate attorney can review your order and consult with you to determine whether there may be grounds for an appeal and whether an appeal is likely to improve your situation. There are strict deadlines for undertaking an appeal, so it’s important to discuss your options with us as soon as possible.
When Can Court Orders Be Appealed?
Appellate courts typically only deal with final court orders. Temporary orders can sometimes be heard by appellate courts, but only with special permission. For instance, if an abusive father was given temporary custody of his child, a mother may pursue special permission to appeal this custody award in an appellate court. Most often, though, you can only appeal a child support ruling or another domestic decree after the final order is issued.
What Are Appropriate Grounds for an Appeal?
Divorce and child custody appeals are granted when there are legal grounds for objection to a court ruling. This means that you can’t appeal a final court decree simply because you don’t like it or you disagree with it. You can ask an appellate court to review your case again if the court made any of the following mistakes in the first trial:
- The court misunderstood or did not properly consider certain key facts
- The court improperly applied the law
How Long After a Trial Concludes Can You File for an Appeal?
If you believe you have legal grounds to appeal a court order, you need to file a Notice of Appeal within 30 days of the court issuing the decree. If the court mailed you the order, you have 35 days from the day it was sent to you. The same limits apply when appealing temporary court orders.
While it is true that any legal issue requires careful attention and immediate action, this is especially true regarding domestic law appeals in NC and SC. The longer you wait to seek an appeal of the court’s ruling, the more likely you are to miss a critical deadline, which could limit or completely inhibit your ability to appeal an order.
How to Know if You Should Pursue an Appeal
Before pursuing an appeal, you should always contact a lawyer first to make sure that you have a good chance of succeeding. Legal appeals are costly, complex, and time-consuming, so don’t waste your energy and resources before consulting with an expert first. Our attorneys specialize in domestic law in North Carolina and South Carolina, and we’re ready to help.
Contact Us to Start Your Domestic Law Appeal
If you have decided that you are ready to file a domestic law appeal in North Carolina or South Carolina, contact Collins Family & Elder Law Group as soon as possible. We will carefully review all of the aspects of your case and ensure that you are aware of all of your legal rights and options.
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Ms. Collins is a superb attorney that I would highly recommend. She cares about her clients, is very knowledgeable, has a professional, kind demeanor, and always gives 110%.
She has never given up, no matter how hopeless the situation may have appeared
I’ve had a lengthy case where I have been slammed time and again by Mecklenburg County by no fault of Ms. Watts. Becky has fought for me and my legal rights. She has repeatedly stood up within the law when faced with prejudicial and unlawful rulings. I never lost faith in her nor her love and knowledge of the law. Recently we won an Appeal that finally gave me vindication after eight years of litigation and it turned out exactly how Becky had said it would, once the law was upheld, as Becky said it should. I would nominate her seek a position on the bench for her fairness and knowledge of the law. I will recommend her and whatever law firm she is apart of to anyone who finds themselves in my position. She has never given up, no matter how hopeless the situation may have appeared.
Why Choose Our Lawyers?
- We offer expertise — Board Certified Family Law Specialist at the firm.
- We have proudly served North Carolina for over 25 years.
- We pursue peaceful solutions and have two licensed mediators on our team.
- We are zealous advocates if litigating the case in the courtroom is required.
- We are known for creative, client-centered strategies.
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