Navigating family law cases can be challenging, especially if you don’t get the court rulings you want. An unfavorable court order can be disappointing if not devastating, when dealing with custody disputes, child support, or settlement disagreements. Fortunately, Virginia law provides avenues for appealing some court decisions in these cases.
If you believe you have grounds for an appeal or need to defend yourself against one, the experienced Reston, Virginia appeals attorneys at Melone Hatley, P.C. are here to help. We have handled countless divorce, custody, and support cases as well as those involving appeals. We are here to offer guidance and legal strategies to ensure that the court has fairly considered your case.
What Decisions Can You Appeal in a Family Law Case?
Family court decisions rarely make everyone happy. In some circumstances, court decisions can be appealed, but appeals must be based on legal grounds and that require their own legal considerations.
Divorce Appeals
Divorce appeals challenge court decisions on issues such as the distribution of marital assets, debt allocation, and other property considerations. For instance, your appeal may argue that the court misapplied the law when making distinctions between your marital and separate assets.
Child Custody Appeals
As a parent, you may appeal court custody decisions if you believe the court did not consider your child’s best interests in its ruling. A custody appeal could argue the court failed to consider the other parent’s fitness or excluded critical evidence when making custody decisions.
Child Support Appeals
Child support appeals often focus on child support miscalculations. The court may have overlooked aspects of one parent’s financial information or did not correctly consider some of your child’s exceptional financial needs.
Spousal Support Appeals
Similar to child support, spousal support appeals often focus on the court’s interpretation of financial need or ability to pay. An appeal may argue that the amount or duration of spousal support in your case was inappropriate, considering the circumstances of your case.
Visitation Appeals
As a parent, you may appeal the court’s decisions if you feel your visitation schedule is unfair, not in your child’s best interests, or you have concerns about the logistics of the visitation arrangements.
Protective Order Appeals
Spouses who are subject to protective orders may appeal if they believe there was insufficient evidence to justify the order or their rights to due process were violated.
What Grounds Can You Use to Appeal an Unfavorable Court Order?
While you may be disappointed and disagree with the court’s decision in your family law case, appealing the court’s order must be based on specific legal grounds that the court’s original decision was flawed.
Common grounds for a family court appeal include:
- Legal errors
Legal errors, including misinterpretation of the law, improper application of legal standards, or procedural mistakes made by the judge are grounds for an appeal. - Procedural errors
Procedural errors, such as excluding critical evidence or denying a fair hearing, are grounds for an appeal. - Insufficient evidence
An appeal could be warranted if the court’s decision lacked factual support, or the judge did not properly consider the evidence. - New evidence
Evidence that may impact the outcome of the case but was unavailable at the time of the original decision may warrant an appeal. - An abuse of discretion
The court has significant discretion in many family law decisions, but if a judge’s decisions are unreasonable or arbitrary, this may be grounds for an appeal.
If you believe you have valid grounds for appealing a court order, your best resource will be an experienced appeals attorney who fully understands the process, can suggest strategies to ensure your best outcome, and provide skillful representation during your hearing.
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Appealing in the Appropriate Court
The process for filing an appeal will differ depending on which court made the original decision.
- Appealing a decision made by the Juvenile and Domestic Relations District Court (JDR Court)
If you believe you have grounds to appeal a decision regarding custody or visitation made by the JDR Court, you must appeal the order usually within ten days of the court’s decision. After the appeal is filed, the case is heard “de novo” in the Circuit Court, meaning there will be a new trial with a new judge. - Appealing a decision made by the Circuit Court
A decision made by the Circuit Court must be appealed to the Court of Appeals of Virginia within 30 days of the original order.
Appeals can also be heard at the Virginia Supreme Court level. However, while the Supreme Court of Virginia does review decisions by the lower courts, it has discretion over the cases it chooses to hear. To appeal to the Supreme Court, you must demonstrate that your case involves substantial constitutional questions or matters of significant precedential value.
The Appeals Process
The appeal process is a structured series of steps depending on the type of appeal and the court.
- Filing
The appeal process begins with filing a formal Notice of Appeal with the appropriate court. - Preparation
Once the notice is filed, relevant documents, evidence, and transcripts must be gathered to submit to the court. - Written briefs
Both parties must submit briefs outlining each side’s arguments. - Oral arguments
Attorneys for both sides also may present their cases directly to the judge, clarifying statements made in the briefs and answering specific questions. - The court issues its decision
The court may affirm the original decision, reverse it, or send it back to the lower court for further proceedings.
Unlike a standard appeal that reviews the existing records for errors, appeals from the JDR courts will be retried before the Circuit Court. A hearing date will be set, and you will have an opportunity to present your case before a new judge who will issue a new ruling.
The Risks of Appealing a Court Order Without Legal Guidance
While an appeal can be filed without legal representation, there are risks to doing so. Each step in the appeal process will require strict adherence to legal procedure and careful attention to detail. Even minor mistakes can jeopardize the success of an appeal.
- Without legal knowledge, you may not understand appropriate grounds for an appeal or be able to pinpoint it in the original case.
- Procedural pitfalls such as missing deadlines and insufficient documentation may result in your appeal being dismissed.
- Ineffective support or arguments will not help your case. Legal representation ensures that your case is made effectively to the court, providing a more favorable outcome for you.
Legal Representation You Can Count On
There is often much at stake in family law matters. If you believe you have grounds for appealing a court order, you shouldn’t navigate it on your own. At Melone Hatley, P.C., our team of skilled Reston, Virginia appeals attorneys are here to offer legal guidance, tailored strategies, and comprehensive support, ensuring a fair and legally correct outcome to your appeal. Contact us at 703-995-9900 or reach out online to schedule a free consultation with one of our client services coordinators.
