New Jersey Appeals Lawyer

Appealing the Courts Decision

When a civil trial is the only solution for sorting out the final terms of a divorce or custody-related matter, then the Court is the final authority and will render its decision based on presented evidence and testimony.  The outcome may not always be what was intended or expected and court orders are difficult to change once the final decision is handed down.  One method for having a second opinion so-to-speak is to request an appeal. 

An appeal does not allow a case to be retried.  There is no possibility of introducing new evidence or witnesses.  You cannot submit new documents or present a new argument.  Knowing when or why to appeal can be tricky and complicated.  Seeking legal advice from a New Jersey collaborative law attorney may give you the insightful perspective you need to make a sound decision regarding your court order.

Only two scenarios exist with an appeal: 1) the appellant (petitioner), or party who appeals, is seeking to persuade the court to change the decision because of an error, improper inclusion or exclusion of evidence, or faulty instructions given to the jury by the judge, resulting in their misled conclusion; or 2) the appellee (respondent), or party fighting the appeal, seeks to convince the appeals court that no mistakes or errors occurred, or if they did, they were so insignificant that they would not have impacted the court's decision anyway.  The appeals court is a higher court authority and is generally composed of several judges.  They review the original transcript, exhibits and other previously submitted papers.  They review the lower court procedures and application of the law.  They verify that proper standards of the law were used in the trial in question.  If not, then the decision may be overturned.

Appeals Attorney in New Jersey

The Law Office of Steven P. Monaghan may be able to advise you of your rights to an appeal.  Sometimes surprises happen in court and an objective review is necessary to identify what went wrong.  Our knowledge and experience with family law matters gives us a strong foundation for identifying potential problems and misapplication of the law.  We strive to give you the results you need.

Contact a New Jersey Appeals Lawyer in our office today.