WRITS AND APPEALS IN CALIFORNIA FAMILY LAW

It happens to all attorneys, even Antonyan Miranda attorneys. Although Antonyan Miranda attorneys have a favorable track record of success, occasionally we do suffer the inevitable “bad beat.” Sometimes, it’s not even a “bad beat,” but a genuine dispute about the state of the law or the outcome that triggers a desire to have the result reviewed by a higher authority.

When faced with an unfavorable ruling in a California family law case, you might have options to challenge the decision through an appeal or a petition for writ relief. While both aim to have a higher court review a lower court's decision, they differ in key aspects.

What is a Family Law Appeal?

An appeal is a request for the Court of Appeal to review the trial court’s decision to determine if it was legally correct. The Court of Appeal has the power to review the trial court’s decision and determine whether there were any legal errors or mistakes made during the trial court proceedings. If the Court of Appeal finds prejudicial error, it may reverse the decision of the trial court, including a remand for further proceedings and other instructions for the trial court. If the appeal results in no determination of error, the trial court decision is affirmed.

To initiate an appeal in a divorce or family law case, the appellant must file a Notice of Appeal within a certain timeframe. During the appeal process, the Court of Appeal will review the trial court’s decision and the record of the proceedings. The Court of Appeal will not consider new evidence or testimony but will only review the evidence that was presented during the trial court proceedings.

Appeals

• Purpose: An appeal asks a higher court (Court of Appeal) to review a final judgment or order rendered by the trial court for legal error, abuse of discretion or insufficient evidence to support the result.

• Focus: The appellate court reviews the trial record (which consists of two components; transcripts of any hearings, and pleadings and evidence that the lower court based its decision on) to determine if the trial judge made a prejudicial mistake.
• New Evidence: New evidence, witnesses, or testimony are not allowed in an appeal; it's limited to a review of the existing record.
• Timing: Generally, the earliest that a notice of appeal must be filed is within 60 days of the challenged order or judgment, but the actual deadline in your case may be later. (Determining the applicable deadline can be difficult and is one of the reasons that consulting an appellate specialist is a good idea.) A notice of appeal must be filed timely, otherwise the higher court has no jurisdiction to review the order or judgment on the merits. In other words, if you do not file the notice of appeal before the deadline, you might proceed with an entire appeal that you could have won only to learn at the end that the appeal must be dismissed.
• Outcome: If the appellate court finds a prejudicial error that affected the outcome, it may reverse the decision, order a new trial, or modify the lower court's order. If no error is found, the original decision is affirmed.

Petition for Writ Relief

• Purpose: Writs are requests for immediate intervention from a higher court, typically when an urgent situation arises and waiting for an appeal would cause irreparable harm.
• Focus: Writs address specific legal errors or abuses of discretion that are not suitable for the slower appeals process. For example, a writ can compel a lower court to act when it's legally obligated but has failed to do so. However, writ relief is not available when the order or judgment is appealable.
• New Evidence: Unlike appeals, in some writ petitions (like habeas corpus, which challenges unlawful detention), you can present new evidence not included in the trial record.
• Timing: Writs can be filed during or before a final judgment and may result in a quicker decision from the appellate court compared to a standard appeal.
• Outcome: A successful writ petition can compel the lower court to take a specific action or refrain from doing so, potentially halting ongoing proceedings or preventing immediate harm.

In essence, an appeal is a formal review of a final decision, whereas a writ is a request for urgent intervention to correct a serious error in an ongoing or recently concluded case.

Considerations Regarding Appeals of a Family Law Case

It is important to consider that the majority of appeals are denied in California family law cases.  A decision of the trial court is presumed correct, and all intendments and presumptions are indulged in favor of correctness.  The appellant bears the burden of providing an adequate record that affirmatively shows prejudicial error.  Depending on what was requested from or objected to at the trial court, the Court of Appeal may be left with little ability to review the trial court’s rulings. 

Writs and appeals are powerful legal tools that can dramatically affect the outcome of a divorce or family law case. Both appeals and writs are complex legal procedures that require strong legal arguments and adherence to strict deadlines. If you're considering challenging a family law ruling, it's crucial to consult with an attorney experienced in family law appeals to discuss your options and determine the best course of action.  It is important to have highly skilled legal counsel to guide you through the complexities of this process, such as the appellate experts at Antonyan Miranda.