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Divorce, Custody & Family Law Appeals

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Domestic Relations and Family Law Appeals

Family matters can take a toll on all parties involved. When facing a family law dispute, such as divorce, child custody, or support matters, the court's decision may not always meet your expectations. In some cases, a domestic relations appeal provides an avenue to challenge the ruling in a higher court. The most important notion when it comes to domestic appeals is understanding that unfavorable decisions come with the risk of such matters; in order to pursue a successful appeal, legal errors in the initial proceedings must be presented.

Domestic Relations, Family Law, Divorce and Custody Appellate Attorney in Willoughby

It is essential to consult with a domestic relations appellate attorney as soon as a decision is ruled to ensure you meet the filing deadline and to determine if there are evident grounds for an appeal. If the grounds exist, your attorney will begin the filing process within a timely manner and prepare oral arguments on your behalf. At Fortress Law Group, our team of experienced domestic relations appellate attorneys possess an in-depth understanding of family law and appellate procedures, ensuring that your case receives the meticulous attention it deserves.

What Type of Family Law Matters Can Be Appealed in Ohio?

A wide range of family law matters can be appealed, including:

  • Divorce Decisions: Disputes related to property division, alimony, child custody, visitation, and support.
  • Child Custody and Visitation: Challenges to custody and visitation arrangements if they are believed to be against the child's best interests.
  • Child Support: Appeals against child support orders based on incorrect calculations or other legal errors.
  • Domestic Violence Protection Orders: Contesting the grant or denial of protective orders in cases involving domestic violence.
  • Paternity Matters: Disputes over the determination of legal parentage.

The Ohio Family Law Appeals Process

The Ohio Court of Appeals is an intermediate appellate court in the state of Ohio. It is divided into 12 districts, each covering a specific geographical area comprising several counties. The Court of Appeals hears appeals from decisions made by trial courts in its respective district.

The appeals process generally involves:

  • Filing a Notice of Appeal: Initiating the appeal by filing a formal notice no more than 30 days after the judge’s decision.
  • Record Preparation: Compiling the relevant documents and transcripts from the trial court proceedings.
  • Appellate Briefs: Crafting written arguments outlining the grounds for appeal and addressing the legal errors.
  • Oral Arguments: Presenting the case before the appellate court, allowing for clarifications and questions.
  • Appellate Decision: Receiving a written decision from the appellate court, which may affirm, reverse, or remand the case.

Grounds For Ohio Family Law Appeals

In Ohio, successful appeals in a domestic relations decision typically hinge on demonstrating legal errors made by the court that significantly affected the outcome of the case. It's important to note that an appeal is not a chance to re-litigate the entire case or introduce new evidence, but rather an opportunity to challenge specific legal rulings or procedures.

Some common grounds for an Ohio domestic relations appeal may include:

  • Abuse of Discretion: If there is evidence to suggest that the judge demonstrated bias, acted improperly, or engaged in misconduct that affected the fairness of the proceedings, it may be grounds for an appeal.
  • Errors of Law: Another ground for an appeal is alleging that the lower court made errors of law. This means that you believe the court misinterpreted or misapplied the law in your case. To succeed on this ground, you would need to demonstrate that the lower court's legal errors affected the outcome of the case.
  • Procedural Errors: Appeals can also be based on procedural errors committed by the lower court. For example, if you can show that the court failed to follow proper procedures or violated your rights, it may be a valid ground for appeal.

Family matters, such as divorce and child custody disputes, tend to weigh heavily on a person’s emotional state, which can convolute one’s understanding of a viable appeal. Believing that the judge made the wrong decision could be a personal bias simply due to the fact that it was unfavorable. If you wish to appeal, it’s best to consult with an attorney to determine if factual grounds can be established.

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Can You Appeal a Magistrate’s Decision in Ohio?

In Ohio, both judges and magistrates have the authority to hear and make decisions on domestic relations cases, but they have different roles in the decision-making process. A judge typically presides over the entire case, conducts hearings, and makes the final decisions on all matters. Magistrates, on the other hand, often handle specific aspects of a case, such as temporary orders, discovery disputes, or hearings on specific issues. Magistrates may also conduct hearings and make recommendations or proposed decisions to the judge.

Magistrate decisions are not final orders and are typically subject to review by a judge. After a magistrate issues a decision, either party can file objections to the decision. The objections are then reviewed by the judge, who may choose to adopt, modify, or reject the magistrate's decision. If the judge adopts the magistrate's decision, you can then follow the regular appeal process described above.

Hiring an Attorney for Your Ohio Domestic Relations Appeal

Navigating the appeals process can be complex, and having a skilled domestic relations appellate attorney by your side is crucial. At Fortress Law Group, our attorneys possess the expertise and knowledge to build compelling appellate arguments, meticulously analyze the trial court record, and advocate for your rights at every stage of the appeal. Our dedicated team of domestic relations appellate attorneys is committed to providing you with the personalized attention and strategic guidance you need to navigate the appeals process successfully. Contact Fortress Law Group today to schedule a consultation and take the first step towards achieving your desired outcome in your domestic relations appeal.

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Appeals

What is the appeals process in Ohio?

After the conclusion of your case, your criminal appeals attorney must file your appeal or request an extension within 30 days. Most appeal lawyers in Ohio file an extension to have more time with the case notes for an appeal. Once the court receives the appeal, the prosecuting attorney reviews the petition and the court transcripts to draft a counterargument.
When the prosecuting attorney finishes their brief, three appellate judges will read the defendant’s and prosecutor’s brief and hear oral arguments from both attorneys. They will vote on whether to uphold or overturn the original court’s decision.

What reasons can I use to file an appeal?

You can’t file an appeal just to seek a “not guilty” decision. Courts usually uphold a jury’s decision unless the evidence in the court transcripts suggests the original trial procedures were incorrect or unfair. An appeal is a way to potentially rectify an error in the court procedure in your case.

Some issues in successful appeal cases include evidence that shouldn’t have been permissible, an error in the court procedure, or allowing damaging testimony from an unreliable witness. Our criminal appeals attorney, Matthew C. Bangerter at Fortress Law Group, will advise you on the best approach.

What happens if the appellate judges reverse the original court decision?

An appeal does not turn a guilty verdict into a not-guilty verdict. Instead, an appeal determines whether the original trial followed the appropriate procedures. Winning your appeal usually results in remanding the case to the lower court for a new trial.

Be aware that the appeals process typically takes over a year. Both sides and the judges need to review your trial procedures to determine an appeal decision.

Do I need an Ohio criminal defense attorney to file my appeal?

If you represented yourself in your original case or weren’t happy with your defense attorney’s performance during your trial, you should call an experienced appeals attorney, such as Matthew C. Bangerter of Willoughby, OH, to represent you. The legal briefs and forms you need to file for an appeal require extensive knowledge of Ohio court procedures.

Bangerter, a criminal appeals attorney from Fortress Law Group, can review your case from arrest, discovery, and trial procedures to determine what arguments exist for your appeal. We have represented people in criminal trials and appeals since 2009 across Northeast Ohio, and we’re ready to take on your case, too! Call for a case review at (440) 340-1740

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Matthew C. Bangerter, Esq.

As a former Assistant Prosecutor in Lake County Ohio, Cleveland criminal defense attorney Matthew C. Bangerter, ESQ. has experience with the strategies used by prosecutors to pursue their cases. As a member of the Ohio Bar Association, Lake County Bar Association, Cleveland Metropolitan Bar Association, Cuyahoga Criminal Defense Lawyers Association, and the Board of Directors of the Ohio Association of Criminal Defense Lawyers, he takes his profession as a Cleveland criminal defense attorney seriously and ensures that he is up to date with the latest case law and trial strategies.

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Whether you’re charged with a DUI, misdemeanor, or felony, the prospect of facing trial is stressful. Worse, there’s also the possibility of jail time if things don’t go well for you in court. To help you face these legal adversities, you need an attorney who can work on an effective defense strategy and make sure your civil rights are upheld throughout the process. A Willoughby criminal appeals attorney at Fortress Law Group, LLC provides clients with comprehensive legal representation from trial to appeal, if needed.
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