Family Law Appeals
The Hulse Law Firm provides legal services to clients who want to bring, or need to defend against, an appeal in domestic relations cases. If you believe a Judge has misapplied the law, committed an error, or abused his or her discretion, you may want to file an appeal in your case.
In order to preserve your right to appeal an order, you must act immediately. There are strict time limitations on filing an appeal from when the final order in your case was entered and the Court generally does not grant exceptions to missing the initial deadline for filing an appeal.
If a Magistrate enters orders in your case that you believe need to be reviewed, a Magistrate Review may be filed. There is a deadline of either 14 or 21 days to file a Petition for Magistrate Review after an order is entered, so it is important to act immediately if you believe a mistake was made.
A Petition for Magistrate Review is reviewed by a Judge in the same District in which your case was litigated.
Orders Made by a Judge
A party usually has 49 days after an order is entered to file a notice of appeal to preserve this right. Typically, no extensions will be made, so it is vital that you act before the deadline to file an appeal expires. An order by the Judge will be appealed to either the Court of Appeals or the Supreme Court in Colorado.
An appeal is not a rehearing of the case, but rather a review of the record of the trial that already occurred. The appellate court is limited to reviewing whether the trial judge committed an error of the law or whether an abuse of discretion occurred when reviewing the facts of the case. Both of these standards may be difficult to overcome, and it may be necessary to consult with an attorney to determine whether you have a chance of being successful in an appeal.
Lauren Hulse has experience bringing and responding to appeals. She offers free consultations to determine if it may be appropriate to appeal your case.