The issues addressed in family law courts include divorce, child support and custody, the division of marital property, and alimony among many others.
The appeals process lets both parties in a legal case have the court’s final order reviewed and reversed when there’s been some error in the lower court’s decision.
This ensures that family court judges act in accordance with the law when making their decisions on any of these issues.
The following helps you understand appeal reversals and how they can impact the decisions related to your family law case.
Appeals in Georgia Family Law Courts
Either party in a legal case has the right to make a request to a higher court to have a lower court’s final order reviewed.
Although this doesn’t equate to a new trial, it does give you an opportunity to secure the outcome you want in your case.
The appellate court must review the details related to your suit to determine if the lower court used their discretion appropriately when deciding on your case.
If no error is discovered, then the decision is upheld by the appellate court regardless of whether or not the higher court would have made the same decision.
But if you demonstrate any errors in fact or law made by the lower court, then you can have the final order reversed or dismissed.
Reversed and Remanded Appeals
The lower court’s decision can be reversed and remanded, which results in the case returning to trial to continue proceedings. The appellate court will also provide instructions on the proceedings.
An appeal is reversed when any errors are discovered as part of the court records or if the lower court judge applied an incorrect legal standard.
Court judges may overreach their bounds of jurisdiction or fail to correctly interpret the law.
When an appeal is reversed and remanded, it begins the process all over again as if there was no trial in the first place. This secures the rights of both parties and can be applied to both civil and criminal appeals.
In some cases, an appeal may be reversed without being remanded. As a result, the case cannot return to the court that made the original judgment.
Reversing the Lower Court’s Decision in Your Case
Consulting with an appellate attorney is the best way to determine the likelihood of having a court order reversed in your case.
There are many factors that influence the outcome of your appeal including the types of errors that you believe were made by the lower court judge.
Your attorney will help you identify errors in fact and in law. You can determine when a judge made a decision that would otherwise not have been reached by another court based on the evidence you submitted.
With the right legal resources, you can have a final court order reversed and remanded, modified, or substituted with a different decision.
But appellate courts may not reverse a decision if multiple grounds exist that support the final court order. This makes the appeals process complex, requiring you to have an expert legal professional at your side.
Reversing a final court order can help you secure the outcome you want while protecting the rights and future wellbeing of you and your family.