Somerville Office
Family Law

How to Appeal a Family Law Court Order

It is possible to leave family court upset with the outcome of your case. Perhaps you felt the court’s decision was unfair or you believe the judge made an error of law. If this is the case, you do have the option of having that decision overturned in an appeal. Today, we discuss how to appeal a family law court order.

What Is an Appeal?

An appeal occurs when an individual does not think that their case outcome was fair, so they ask a higher court to review their case again. During the appeals process, the higher court will look at the evidence associated with your initial case and come to a decision. It is important to note that you cannot bring in any new legal evidence during this time. If the appellate court finds your case outcome was unfair, it can reverse it or send it back to trial court.

What Are the Grounds for an Appeal in Family Court?

You will need to show the following to be able to request an appeal:

The original judge made an error of law

This could be anything from not following standard legal principles to applying the wrong statute to your case. This could also be a misunderstanding of the facts associated with your case.

There was insufficient evidence to support the judgment

If a decision was made and does not make sense considering the evidence that was presented in court, you might have the grounds to make an appeal. It is in your best interests to consult with an attorney to help you expose that the judge made an error.

The judge abused his/her power

A judge cannot misuse power in any way. If a judge were to do something that is beyond the discretion that the court allows and this affects the judge’s ability to come to a decision, this could be considered grounds for an appeal. To prove abuse of power, you will need to show that the judge’s error was clearly an abuse of discretion.

How Can a Lawyer Help with an Appeal?

If you are thinking about appealing your case, you will need to hire the right attorney to guide you through the process. Our experienced appellate attorneys can handle your appeal from start to finish and advocate for your best interests. Here are some additional ways we can help you with your appeal:

  • Vast experience with legal research and presenting arguments in court
  • Dedicated to serving our clients
  • Committed to results
  • Deep understanding of the appellate process
  • Exceptional advocacy in the face of adversity

Contact our office online to schedule a consultation with our firm to learn more about the appeals process.