APPEALS ATTORNEY IN DENVER
Colorado Family Law Appeals Attorney
It is important to know what can and can’t be appealed in a family court. Each state and court is different in how they go about appeals. In Colorado, you may submit a review to the appellate court only when a final written order is issued.
At Litvak Litvak Mehrtens and Carlton, we will advocate for you during this process. Our attorneys are recognized as some of the best family law negotiators in the state. We are here to answer your questions regarding family law appeals.
Colorado Appeals FAQs
What is an appeal in family law?
In a family law case, an appeal occurs when an individual believes the decision made in a lower court case is a mistake. This individual then asks a higher court to review the case in hopes of a different outcome or verdict.
The case that an individual seeks to be reviewed must be a final order. This means that all considerations for this case in the courtroom have been completed. If some of these are some considerations that have not been addressed, this is what is known as a temporary order. In the case of a temporary order, you must have permission to appeal the case.
How does an appeal work?
If you receive a final order and you disagree with the outcome, you would appeal to a higher court to review the decision. Any evidence or documentation used in the previous trial will be reexamined by the higher court.
An appeal does not entail a new trial and it’s not a re-do of the prior trial. You aren’t able to introduce any new evidence in the courtroom. It is essentially a reexamination of the facts and evidence of the previous case that took place in the lower court. They may either change the final order or agree with the lower court and uphold it.
What am I able to appeal?
You cannot appeal a court’s decision simply because you are unhappy with the outcome. You will need to argue that the previous order was a mistake and have evidence to back that up. An example of a mistake might be that the order is in violation of a Colorado law. It could also be that the judge based their decision on a mistake or an incorrect fact.
How do I file an appeal?
To file an appeal, you must be able to prove a reasonable issue that you would like to be reconsidered. There is generally a deadline for how long you are able to file for an appeal following a final order. If you meet these criteria, you will then check with your local court to see which forms and documents need completing.
Once you have your paperwork, you will file the notice of the appeal with the court. You may be required to pay a fee at this time. You will then need to file a brief with the court that outlines the reasons for the appeal.
In a family court, you should also notify the ex-spouse or party in question of your request for appeal. If you do not wish to do this in person, your court should help you in notifying the individual.
How do I know if my appeal will be considered?
The higher court will notify you if and when they choose to deny or approve your appeal. If approved, the court will then review your previous order and facts of the case to determine if the ruling will remain or change.