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330-446-3606Navigating domestic appeals in Ohio can be a daunting and complex process. Whether you’re dealing with a contested divorce, child custody battle, or other family law issue, it’s crucial to understand the necessary steps and common challenges that come with these appeals. Consulting a lawyer can help you manage the stress and ensure that you follow the correct legal procedures.
If you are facing an appeal, don’t navigate the process alone. Contact Erb Legal, LLC today for a no-obligation consultation.
If a decision in your family law matter did not go your way, you could potentially get a better outcome through an appeal. However, you can’t appeal simply because you are unhappy with the ruling. Below, we’ll walk you through some of the steps you can take to appeal an unfavorable decision.
Emotions typically run high in family law cases. Try to put your feelings of frustration or anger aside about the decision in your child custody, property division, or other divorce matters. You will need a valid reason for an appeal and evidence to prove your reason.
Pull together any information you believe demonstrates that the trial court’s decision was in error. For example, you may have financial statements showing that the other party introduced false evidence related to assets at trial. Or perhaps you perceived the judge treated you unfairly and made written notes about it. Any information you can provide will help your lawyer.
The Ohio domestic appeals process is complex, with a high bar to success. An experienced lawyer can determine whether you have grounds for appeal, and if so, file your notice of appeal and build your case. Your attorney can also assist you in defending an appeal.
If you are planning to challenge the court’s decision, you must file a notice of appeal within 30 days of the court’s final ruling. You will also pay a filing fee.
The filing begins with your appellate case. Once you have filed, there are numerous steps involved and deadlines to meet. Miss any of the required deadlines and your appeal may be thrown out. If you hire an experienced domestic appeals attorney, they can ensure all deadlines and steps are adhered to.
We will carefully review the transcripts and decisions of the lower court. This review provides the opportunity to determine whether you were treated unfairly by the court or if errors were made that significantly affected the outcome of your case.
Possible grounds for appeal in Ohio include the following:
Once a ground is identified, evidence and documentation must be collected to prove that the ground has been used. Our attorneys can assist you in compiling the necessary evidence.
In an appeal, the court will either overturn or affirm the lower court decision. Or they may send your case back to the trial court. To help ensure that a challenge is successful, here are further steps to take that must be completed.
Key to a strong appeal is a well-drafted appellate brief. The appellate brief is the written document supporting your assertion that the lower court made a mistake in its decision. There will also be necessary appellate motions to file and preparations made for oral arguments, which we will handle.
Your brief will argue why the ruling should be overturned. The appellate brief states the facts of the case and the lower court’s ruling. It provides applicable statutes, previous court decisions, or rules to support the argument. There are specific organizational, format, and length requirements for appellate briefs.
In oral arguments, judges can ask questions to clarify their understanding. If you handle your case yourself, you will need to be prepared to answer in-depth questions and reiterate the important points in your case before the appeals court. Our attorney, with extensive experience arguing in family law and appellate courts, can take on this responsibility for you.
The Ohio court system has 12 district courts of appeals. We are highly familiar with Ohio family court and appeals court procedures and rules. When you have to engage with the appellate court, we will advise you in every step.
The record is all the information relevant to your appeal. This includes evidence in your family law case, lower court transcripts, and any documents that help the appellate court make its decision. As the person bringing the appeal, you or your attorney, if you have one, are responsible for submitting the record within the specified deadline. The deadline for submitting the record is 40 days after filing the appeal.
If a deadline is missed, it may derail your appeal. We will ensure that all deadlines are met.
As the person who brought the appeal, after you file your appellant brief, the opposing party, called the appellee, can file a brief back addressing your arguments. You can then file a reply brief that addresses only the arguments the other party made in their opposing brief. Our Ohio appellate attorneys will prepare, file, and respond to opposing briefs on your behalf.
Appeals cases are complicated. By keeping in mind the following considerations and pitfalls, you can increase your chances of a positive outcome.
By staying organized, you will help your lawyer help you. The more relevant information you can provide, the better for your case.
Keep careful records of everything. This can include evidence used in the trial, court documents, communications from the opposing party, notes you made about the trial proceedings, and anything that may be useful for your attorney to know.
Provide as much detail as possible to your lawyer. It could be even if you don’t think it may be relevant. Always be honest. Don’t leave information out or exaggerate or enhance your story. Remember that your attorney is on your side and can do the best job for you when you are communicative and factual.
Here are some of the common mistakes that attorneys see in domestic appeals cases:
Meeting deadlines is critical to court cases. If you miss deadlines, the appeals court may decide that you are not serious about appealing and decide not to hear your case.
The appeals court has strict rules and procedures for documentation to submit and how it is to be submitted. Submitting incomplete documents can damage your appeal.
Your lawyer will help to ensure that all deadlines, documentation submittals, and other procedural requirements are met.
While you are not required to have a lawyer to represent you in your appeal, it is highly recommended. Most people are not equipped to handle the intricate domestic appeals process without legal guidance. An attorney will ensure you have legitimate grounds for filing an appeal and counsel you throughout every step.
Our attorneys have the legal experience necessary to increase your chances of success in your appeal. From document management to preparing the brief to arguing before the court, you will be in good hands with the family lawyer at Erb Law.
With the help of our skilled attorney, the possibility of mistakes being made, and deadlines missed is reduced. Our attorney understands the family court system in Ohio and the appellate court system, so we can more efficiently and effectively streamline the process from start to finish.
We know your life does not stop because you are involved in a court fight. Your attorney will keep track of the deadlines and handle all the procedural details. This will reduce your stress and allow you more time to focus on your family, work, and other areas of your life.
Facing a domestic appeal in Ohio? Secure the expertise you need to navigate the complexities of the appellate process. Contact a dedicated family law attorney like Erb Legal, LLC today for a no-obligation consultation and take the first step towards resolving your case.
Call 330-249-1778 or contact us online.