Family Law Appeals in Long Island, NY
Trying to Get a Family Court Order Overturned in Nassau County?
The court system is not perfect — sometimes, unfair or erroneous decisions are made. When this happens, the individual who is not happy with the court order can take certain steps to try and get the decision overturned by an appellate court. There are many different types of family court orders that individuals might choose to appeal.
For example, after a divorce, one parent might choose to make a child custody appeal or a child support appeal. If one of the divorcing parties believes that the assets from the marriage were not divided fairly, he or she can appeal the court order that was issued for equitable distribution. There are also many other divorce or family law-related court judgments that can be appealed. In Nassau County, appeals of family court orders are usually handled in the New York Supreme Court's Appellate Division, Second Department.
How the Appeals Process Works in New York
Individuals cannot appeal court orders simply because they do not agree with the decisions that were made. Instead, they must have strong reason to believe that an error was made in the judge's decision making process. An example of such an error might be the misuse of certain information, the use of incorrect information or the misinterpretation or incorrect application of the law that occurred when the decision as being reached.
The person contesting the order is called the "appellant," while the other party is called the "respondent." In appellate cases, the same evidence that was used in the previous case is reviewed by the appellate court. Each party involved in the case has a chance to submit written arguments and to make brief oral arguments before the court. If the appellate court agrees that an error was made, it will either reverse the decision, remand it (send it back to the lower court for retrial), or modify it. If the appellate court does not find any error, it will affirm the lower court's decision, leaving it unchanged.
The Importance of Hiring a Long Island Appeals Lawyer
At The Virdone Law Firm, P.C., we have attorneys who have extensive knowledge about how the family court and appellate court systems work. By working with our team of lawyers, you can ensure that your appeals case is being handled properly. It is important to act quickly in obtaining legal counsel, as individuals have limited amounts of time during which they can file their appeals. The Virdone Law Firm, P.C. serves Long Island, Nassau County, Suffolk County, Queens County, and all surrounding counties and communities.
The appeals process can be very complex. You do not want to ruin your chances of getting an adverse order overturned due to mistakes that could have been prevented, or due to unconvincing arguments on your part. At The Virdone Law Firm, P.C., we work aggressively to protect the best interests of our clients and their families.
Let us provide you with the guidance you need when you are appealing a family court order. Contact us to get the process started!
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