Gloucester County Appeals on Family Part Order Lawyers Located in Woodbury, NJ
Seasoned Appeal on Family Part Order Attorneys in Woodbury, NJ Defend Clients Rights in Gloucester County and Throughout South Jersey
Went to court for an order and hate the outcome? Do you think the trial judge made a mistake in your case, not just one you aren’t happy with? Did you know that in cases of final orders (all issues resolved) that you have 45 days to request an appeal of a court decision or you forfeit that right forever?
Did you know that in cases where one or more issues remain open or unresolved, you only have 20 days from the date of the decision to request permission from the court to even file an appeal? If you don’t, you may never get to make that argument. If you’ve been on the receiving end of a court order where you feel the outcome was wrong, you need to talk to us immediately.
Smedley Law Group has appellate experience and our attorneys are in a position to identify whether the court made errors in your matter that could lead to success on appeal.
What if you’re on the receiving end of appellate litigation? Like the party seeking to appeal an order, you may be barred from participating in an appeal if you don’t respond in a timely fashion. If you receive a Notice of Appeal, you need to act quickly so your rights aren’t adversely affected.
To learn more about how an experienced family law attorney can advocate to protect your rights on appeal, contact us at Smedley Law Group to schedule a consultation today. Our New Jersey family law attorneys have been helping clients with complex family law matters for nearly two decades—and we’re ready to put those skills to work in court for you.
Appeals on Family Part Orders in New Jersey
The appeals process tends to be complex in family law cases. After all, the court order will likely contain decisions that impact each party differently—for example, one party may contest the alimony award while the other opposes the child custody schedule.
The process for filing an appeal on family part orders in New Jersey goes something like this:
- Either party files a Notice of Appeal and relevant documents within 45 days of the final judgement.
- The opposing party then has 15 days to file a cross-appeal, in which that party can raise their own issues that they would like to be considered on appeal.
- The appeals court, which will consist of a panel of two or three judges, will review the evidence we’ve submitted on your behalf.
- A hearing date will be set for oral arguments, where the court will hear specific arguments about the issues on appeal.
Importantly, just because you have the right to appeal doesn’t mean that you have a strong case on appeal. Our lawyers are here to look into the facts to present your case in the most favorable light possible.
With only 45 days to craft our arguments for appeal, it’s important that you start the process immediately if you wish to appeal. Once the 45-day deadline has passed, the court has the authority to dismiss the appeal entirely.
How Do I Know Whether I Have a Strong Case for Appeal?
As we’ve noted, to win on appeal, it’s necessary to convince the appellate court that the family law judge did something wrong. Successful appeals can be based on:
- Procedural errors
- Evidentiary problems
- Insufficient evidence
- A specific legal error in the lower court.
Your appeal must be based on evidence that’s already in the lower court trial record. In other words, it’s important to understand that an appeal isn’t a new trial. The appeals court will consider the evidence that we’ve identified from the lower court proceedings.
The Appellate Division then has three basic options:
- Affirm the family law judge’s decision.
- Reverse the decision.
- Reverse and remand for further consideration.
Usually, the appeals court will reverse with instructions that the issue should be further considered by the lower court. For example, if your argument on appeal involved incorrect calculation of child support, the court may order that the family law judge reconsider that issue for recalculation.
If the entire order is reversed on appeal, you might have to go back to square one and have an entirely new trial to decide your family law issues.
Call Today for a Consultation With a Woodbury, NJ Family Law Appeals Lawyer Who Can Help
Deciding whether and on what grounds to appeal a family part order can be extremely challenging. Our experienced family law attorneys at Smedley Law Group are here to help you navigate the entire process. We’ll work with you at the outset to identify whether you have a strong and valid case on appeal—and advocate to protect your rights every step of the way.
To learn more about how our experienced Woodbury, NJ appeals on family part order lawyers can help, contact us to arrange a consultation today.
- Locations Served in Gloucester County
- Clayton Deptford Township
- East Greenwich Elk Township
- Franklin Township Glassboro
- Greenwich Township Harrison Township
- Logan Township Mantua Township
- Monroe Township National Park
- Newfield Paulsboro
- Pitman South Harrison
- Swedesboro Washington Township
- Wenonah West Deptford
- Westville Woodbury
- Woodbury Heights Woolwich Township
Frequently Asked Questions About Appeals on New Jersey Family Court Orders
While any party has the right to appeal issues in the final order, that doesn’t mean that every appeal has merit. It’s possible that the appellate judge will simply dismiss the appeal. We can, in any case, order that he or she be required to cover the cost of your attorneys’ fees and court costs, and may even be able to obtain sanctions (financial penalties) for bringing a frivolous lawsuit.
When the order is final, you always have the right to appeal. If the order is either a temporary or interim order, you must first obtain permission from the Appellate Division to appeal.
It’s possible that the original family court order can be put into effect. We may also be able to file a motion for a stay pending appeal, which means that the original order won’t be enforced until your issues are decided on appeal.
