If you are unhappy with the ruling of a family law case in Colorado, you may have the option to appeal the decision to ask for a new hearing or a better outcome. An appeal is a legal process by which a higher court reviews the decision of a lower court who gave you your ruling and determine if it was fair and followed proper legal procedures.
The following are the steps to take when appealing a family law ruling in Colorado:
Step 1: Understand the Timeframe for Filing an Appeal. In Colorado, there are strict timelines to file an appeal, depending on when orders get issued. If you do not follow the timelines, you may not be able to appeal your case.
Step 2: Hire an Experienced Family Law Attorney. Appeals can be complex and require a thorough understanding of the law and legal procedures. It is important to hire an experienced family law attorney who can guide you through the appeals process, like Knies, Helland, and McPherson Law.
Step 3: Review the Trial Record. Your attorney will review the trial record to identify any legal errors or mistakes made by the lower court. This may include erroneous factual findings, incorrect application of the law, improper admission of evidence, or procedural errors.
Step 4: Draft and File the Notice of Appeal. Once you have identified the legal errors, your attorney will draft a notice of appeal and file it with the appellate court. The notice of appeal must include the specific factual and legal errors you are challenging.
Step 5: Prepare the Appellate Briefs. After filing the notice of appeal, your attorney will prepare the appellate briefs, which are legal arguments explaining why the lower court’s decision should be overturned. This will involve a detailed analysis of the legal errors and how they affected the outcome of the case.
Step 6: Oral Arguments After the appellate briefs have been filed, the appellate court may schedule oral arguments, though the court might not. If the court holds oral arguments, your attorney will have the opportunity to present your case in person and answer any questions the judges may have.
Step 7: Appellate Court Decision. After considering the briefs and oral arguments, the appellate court will issue a decision in writing. The decision may affirm the lower court’s ruling, reverse the decision, or remand the case back to the lower court for further proceedings.In conclusion, appealing a family law ruling in Colorado can be a complex and time-consuming process. It is important to hire an experienced family law attorney, like the attorneys at Knies, Helland, and McPherson Law, who can guide you through the process and increase your chances of success.