Family Law Appeals in California
Pursuing Justice with Compassion and Excellence SCHEDULE YOUR FREE CASE EVALUATIONWhy You Might Consider an Appeal
If a family court decision has left you feeling that justice was not served, an appeal may be the appropriate path forward.
Valid Grounds for Family Law Appeals in California
Family law appeals require specific legal errors, not just dissatisfaction with the outcome. Our team evaluates your case for established grounds, including:
Legal Error
The judge misapplied or misinterpreted the law in your case. This occurs when the court uses the wrong legal standard, misunderstands how a statute applies, or fails to follow binding precedent.
Abuse of Discretion
The judge made a decision so unreasonable that no reasonable judge would have made it given the circumstances presented.
Insufficient Evidence
The court’s conclusions aren’t supported by substantial evidence presented during the proceedings. This ground applies when the judge’s findings lack factual support in the record.
Procedural Error
The court failed to follow required legal procedures in a way that affected your substantive rights. This includes denying your right to present evidence, refusing to hear relevant testimony, making decisions without required hearings, or violating your due process rights. Procedural errors are particularly compelling grounds for appeal when they prevented you from fully presenting your case.
New Material Evidence
Important evidence was discovered after the trial that couldn’t have been found earlier despite reasonable diligence. This is typically addressed through a motion for reconsideration rather than a direct appeal. The new evidence must be significant enough that it would likely change the outcome of the case.
Attorney Misconduct/Incompetence
Your previous lawyer made serious errors that harmed your case outcome beyond simply poor strategy choices. This might include failing to present crucial evidence they possessed, missing critical filing deadlines, or not informing you of settlement offers. To succeed on this ground, you must show both that your attorney’s performance fell below professional standards and that this deficiency affected the outcome of your case. This is typically one of the more difficult grounds to prove on appeal.
Appeals aren’t appropriate for cases where you simply disagree with the judge’s reasonable interpretation of facts or witness credibility.
How We Approach Family Law Appeals
Comprehensive Case Evaluation
We don’t proceed with an appeal simply based on dissatisfaction with the outcome. We conduct a detailed assessment to ensure that there are valid legal grounds for the appeal, focusing on whether a mistake was made that affected the decision.
Strategic and Tailored Representation
Our expert attorneys develop a strategic plan tailored to your unique situation. We understand that these cases are often emotionally charged, and we approach them with sensitivity, precision, and a determined commitment to justice.
Protecting Children’s Interests
When children are involved, we make their welfare a central focus of our efforts. Whether you are appealing a custody decision or other family court ruling, we prioritize the best interests of your children.
Defending Against Appeals
If you are on the receiving end of an appeal, our attorneys can provide robust defense strategies, reinforcing the original decision and working to uphold what was fairly and justly decided.
Why Provinziano & Associates for Family Law Appeals?
- Appellate-Specific Expertise: Our attorneys understand the distinct technical requirements of family law appeals, including briefing standards, preservation of issues, and appellate court procedures.
- Strategic Case Selection: We conduct thorough evaluations to identify genuine judicial errors and procedural missteps that create viable grounds for appeal, focusing on cases with strong legal merit.
- High-Asset Case Experience: We regularly handle appeals involving substantial marital estates, business valuations, executive compensation packages, and other financial concerns specific to high-income individuals.
- Emotional Intelligence: We balance the technical demands of appellate practice with an understanding of the deeply personal impact these cases have on you and your family.
- Clear Communication: We break down complex legal concepts, ensuring that you understand each step of the process.
- A Reputation for Excellence: With years of experience and a proven track record, we are known for our exceptional legal service and unwavering dedication to our clients.
Ready to Take the Next Step?
If you believe an appeal is the right course of action or need to defend against one, our expert team is ready to assist. Contact us today to schedule a consultation and take the first step toward justice and peace of mind.
Due to the significant time and dedicated analysis required, consultations for family law appeals are paid consultations. This ensures you receive a comprehensive session with an experienced attorney, a detailed discussion of the legal factors in your case, and a personalized roadmap for moving forward.
What Our Clients Say
Alphonse’s compassion and commitment to my case surpassed my expectations.
As I was looking for an attorney to represent me in obtaining permanent guardianship of my grandsons, God lead me to the office of Alphonse Provinziano! Alphonse’s compassion and commitment to my case surpassed my expectations . On Christmas Day I had ran into an issue and Alphonse took the time to personally call me back. As we spoke, he reassured me that all would be fine. Alphonse Provinziano has a wonderful team of professionals working by his side. June, Alexis, and Kaiko. And although, these legal situations are extremely stressful, Alphonse and his team made the process less stressful. His expertise in family matters is key to a successful outcome. I highly recommend him.
