The outcome of a family law case significantly impacts your life, including your financial stability, living arrangements, and relationships with your children. Unfortunately, you may not always achieve the desired result during court proceedings due to factors like judicial discretion, lack of sufficient evidence, or procedural issues.
You may have the right to challenge the court’s decision and pursue a resolution that more closely aligns with your goals. A family law appeals lawyer in Richmond will help.
At Melone Hatley, P.C., our experienced team of Richmond family lawyers is committed to providing compassionate legal support. Contact us today by phone or through our website to schedule a free, no-obligation case review with one of our Client Services Coordinators.
Family Law Appeals Cases Handled By Our Richmond Lawyers
There are various family court decisions that you can appeal if you believe errors were made. Some of the most common family law appeals cases we handle at our firm include:
- Divorce
- Child custody
- Child support
- Alimony
- Property division
If you feel that the ruling in your case was unfair, you may be entitled to challenge the decision. Depending on the nature of the ruling, your Richmond family law appeals attorney will help you either request a new trial or file an appeal to seek a more favorable outcome. We will handle the necessary paperwork and represent you throughout the appeals process.
With our extensive experience in these matters, we know how to build a strong case and present the most persuasive arguments on your behalf.
The Process of Appealing a Family Law Decision
Family law matters are typically handled by the Juvenile and Domestic Relations (JDR) District Court. If you disagree with a ruling from the JDR Court, you have the right to appeal to the Circuit Court, which will preside over a new trial (de novo review).
This new trial gives both parties the opportunity to present their evidence and arguments again as if the original trial never took place.
When appealing to the Circuit Court, the process involves automatically scheduling a new trial without needing to establish “sufficient grounds” beforehand. The judge will review all the evidence and arguments presented and then issue a new decision.
If you are dissatisfied with the outcome of the Circuit Court trial, you can escalate your appeal to the Virginia Court of Appeals. Unlike the Circuit Court, the Court of Appeals does not hold a new trial.
Instead, it examines the trial records from the Circuit Court to determine whether any legal or procedural errors were made. If such errors are identified, the Court of Appeals may reverse the ruling or remand the case back to the lower court for further proceedings.
Richmond Family Appeals
Lawyer Near Me
(804) 893-5067
Circumstances that Permit You to Appeal a Circuit Court Family Law Decision
After an initial ruling is made in your family law case, you cannot file an appeal simply because you disagree with the decision. The Court of Appeals will only consider an appeal under specific circumstances. Common reasons for granting an appeal include instances where:
- Procedural errors occurred during the Circuit Court trial
- Legal mistakes were made during the Circuit Court trial
- Key evidence supporting your position was ignored, misinterpreted, or not disclosed during discovery
- The judge failed to properly apply or interpret the law relevant to your case
Our team at Melone Hatley, P.C. has the experience to help you determine if you have grounds for an appeal and guide you through the process.
How a Family Law Appeals Attorney in Richmond Will Assist You
Following a family law case that resulted in an unfavorable outcome, your family law appeals attorney serving Richmond will carefully review the trial records to determine if pursuing a new trial at the Circuit Court level or filing an appeal with the Court of Appeals is appropriate.
If the appeal involves requesting a new trial at the Circuit Court, your attorney will prepare the case for a de novo trial. This means collecting all necessary evidence, preparing witnesses, and ensuring every aspect of the case is ready to present in front of a new judge.
If you appeal to the Virginia Court of Appeals (following a Circuit Court ruling), your lawyer will prepare a persuasive appellate brief outlining the legal or procedural errors that affected the original trial outcome.
Deadline for Filing an Appeal in a Family Law Case in Richmond
In Virginia, if you plan to appeal a JDR court ruling, you typically have 10 days to submit a notice of appeal. Failing to meet this deadline could limit your ability to challenge the original decision. Given this limited time frame, it is essential to inform your attorney of your intention to appeal as soon as possible.
Your lawyer must quickly file the notice of appeal and begin preparing for a new trial in the Circuit Court. This process involves gathering all relevant evidence, organizing witness testimonies, and preparing to present your case anew.
The experienced family law appeals lawyers at Melone Hatley, P.C. will ensure that your appeal is handled diligently, giving you the best opportunity for a favorable outcome.
Possible Outcomes if Your Appeal Is Successful
If your appeal to the Circuit Court is successful, they will either modify or completely replace the decision made by the JDR Court.
When appealing to the Virginia Court of Appeals, the judges may either reverse the Circuit Court’s decision, remand the case for further proceedings, or uphold the original ruling.
A remand may result in additional hearings at the Circuit Court. Still, the Court of Appeals does not require that a different judge preside over the remanded case unless specifically warranted by procedural concerns.
Your attorney will argue your case in court, working to achieve a resolution that better aligns with your goals. The dedicated team at Melone Hatley, P.C. will support you at every stage of your case, representing you during the original trial as well as throughout the entire appeals process.
Engage the Services of an Experienced Family Law Appeals Lawyer Serving Richmond Today
Taking action quickly is crucial when challenging a decision in a family law matter. At Melone Hatley, P.C., our legal team boasts more than 200 years of combined experience in preparing appeals and helping clients through the complex appeals process.
We will guide you through every step—whether filing a notice of appeal and preparing for a new trial in the Circuit Court or crafting a persuasive appellate brief for the Virginia Court of Appeals. We will represent you diligently throughout the process, striving to achieve an outcome that aligns with your objectives.
Contact us today by completing our online contact form or calling us to arrange your free initial case evaluation. We are here to address all of your questions about your situation and provide you with guidance regarding your legal options moving forward. Additionally, feel free to review our client testimonials to gain insight into the quality of service we provide to our clients.
