A party has a pending show cause in the JD&R court. If the party agrees to certain terms in the JDR court, does the party still have the right to an appeal to the Circuit Court? Even if the same party has agreed to terms. The ultimate goal being to get passed the judge in the lower court.
Yes, you have an absolute right to appeal any final decision from the Juvenile and Domestic Relations court to the circuit court, so long as appealed in writing within 10 days of entry of the final order.
This is not legal advice, this is a general response that is only intended to be an analysis of the question and facts you have presented. This response does not create an attorney-client relationship, I am not your attorney. You must hire me and we must agree in writing to the representation to form an attorney-client relationship. I am only licensed to practice law in Virginia.
Yes, there is a "de novo" right to appeal. However, while the Circuit Court can and will consider all the evidence again with new and fresh eyes the Court is likely to consider the fact that the parties agreed to the JDR order. It can be brought up as a fact for the Circuit Court judge to consider.
Criminal Defense Attorney
You can always appeal a final judgement from JDR to Circuit Court. Make sure you file the notice of appeal within ten days.
You haven't provided enough information for me to know the exact procedural posture of the case. Although the answers provided are correct in that you have an absolute right to appeal a decision of the JDR Court, it must be a final order: the case has to be over.
Something about the way you phrased your recitation - saying the party agrees to terms - makes me wonder if the case was continued for a period of time and someone was told to do certain things in the interim. If this is the case, you cannot appeal yet, because the case is not over yet. In order to be able to appeal in that situation, you would have to go back to the JDR Judge and ask for the case to be brought to an end so you can then appeal.
I hope this makes sense.
T. Kevin Wilson, Esq.
The Wilson Law Firm
Virginia Criminal, DUI & Traffic Defense
Fighting for Clients All Across Virginia
703-361-6100 / 540-347-4944