What is involved in the appeal process for a family law case?

Asked over 1 year ago - Everett, WA

Is it a review of law along with the lower court's decision on the matter with existing evidence or is it more like a trial de novo? Do you appear in court?

Additional information

I should have stated that it is a commissioner, not trial court. I now know it is a Revision, not an Appeal. Thank you all for you answers.

Attorney answers (4)

  1. Bruce Clement

    Pro

    Contributor Level 19

    4

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . Books are written on this issue. In general, an appeal is "on the record"; the appellate court looks at the trial court file and the transcript of the testimony. Deference is usually given to the trial court on all factual questions. You have limited time to file an appeal. If you are interested in doing so, see an appellate attorney ASAP.

    This AVVO Answer is provided for general educational purposes only. By using or participating in this site you... more
  2. Kate M Forrest

    Contributor Level 15

    4

    Lawyers agree

    Answered . You should really have an attorney appear in court for you, in addition to writing your briefs--appeals are more complicated than most pro se litigants can manage effectively, and it is difficult to succeed on appeal anyway. This is because the standard of review on most family law matters is abuse of discretion, and the law provides for a great amount of discretion, so it would take something really unreasonable to be overturned--the appellate court will not substitute its own judgment for the trial court's.

    Avvo answers are attorney opinions offered for informational purposes only, and should not be relied upon as legal... more
  3. Dave Hawkins

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Too many issues to list here. Fling an appeal with the Court of Appeals is a complex procedure and you should not try to do it alone. Please hire an appellate attorney.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This... more
  4. Edward James Hirsch Jr

    Contributor Level 1

    1

    Lawyer agrees

    Answered . The process for appealing a trial court's decisions in a family law case are set out in the Rules of Appellate Procedure (RAP). You can find these rules on the Washington State Courts website, at the appellate courts link. See http://www.courts.wa.gov/appellate_trial_courts/. At the top, right-hand side of the page is a link to a handy document, RAP Rules Flow Chart. This will give you a good overview of what you need to do. Just remember, you only have a right to review of final orders and you must file a notice of appeal of these orders within 30 days of entry.

    Good luck!

    Ed Hirsch

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,745 answers this week

2,833 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,745 answers this week

2,833 attorneys answering