Oklahoma City Family Law Appeals Attorney
After a long, grueling family court process in Oklahoma City, OK, you are likely nervously waiting to hear the court’s decisions. If the court does not give you the outcome that you wanted, it can be a crushing disappointment. In cases that involve family matters, emotions can be intense, and it is understandable to feel frustrated and confused during this time. If you believe that the court did something wrong during the trial, an Oklahoma City family law appeals attorney can help you file an appeal and refute the decision.
Appealing a family court decision is an important legal right to exercise, but it is not always the most straightforward. If you want to appeal a decision in Oklahoma, you should schedule a consultation with a seasoned appeals attorney who can guide you through this long process. Our experienced team at Stange Law Firm can critically examine what happened in your trial and help you determine the right strategy for a strong appeal.
Who Can File a Family Court Appeal in Oklahoma City?
If you were involved in a family dispute that was resolved by the court, you have a right to appeal the decision. Anyone who had legal grounds to do so can appeal a court ruling.
For instance, imagine that you were involved in a child custody battle or a child support dispute, and the judge misinterpreted the evidence. Perhaps they thought that the evidence suggested that it was for the child’s optimal well-being that they were with the other parent, but that was a misinterpretation of the evidence. In such a case, you could work with an appeal lawyer to get the court to review the evidence and potentially make a new decision.
While you cannot appeal a decision simply because it was not what you wanted, there are several grounds for appealing a decision, such as:
- Misinterpretation of evidence
- Violation of your constitutional rights during the trial
- Bias or unethical behavior during the trial
- Failure to follow legal procedures and standards
- Misapplication of the law
- Insufficient evidence to make an informed decision
How Do I File an Appeal in Family Court in Oklahoma City?
If you want to file an appeal for a family court decision in Oklahoma City, you should first get in touch with an appeals lawyer. You only have thirty days from the date of the court decision to appeal it, so time is not on your side in this situation. If you want to take action, you need to do so swiftly and strategically and contact a reputable lawyer as soon as you can.
Once you have the right family law appeals lawyer on your side, you can file a petition of error, in which you summarize that you are appealing the decision and why you are requesting that the court reevaluate your case. It is important to know that you are not presenting the court with new evidence when you appeal a case. You are asking the court to look again at the records from your original trial. To do this, your lawyer will also have to file what is called a designation of record.
How Long Does an Appeal Take in Oklahoma?
The amount of time that your appeal process takes in Oklahoma will vary based on many factors. For instance, you have thirty days from the time of your decision to appeal it. If you wait the full thirty days, you stretch out your appeal process longer than if you jump right into the pursuit of justice and appeal the ruling right away. Regardless of when exactly you start the process, though, you should not expect it to be resolved instantly.
The process will take many months, usually around ten to eighteen. This is because, after your lawyer files your designation of record, the district court clerk has six months to compile your record. Once the record is complete, you will have sixty days to file the brief that you wish to present for review. The respondent will have forty days to file their respondent brief. You can then write a reply brief if you choose to do so within the next twenty days.
After all the briefs are in, the Oklahoma Supreme Court will assign your appeal to the Oklahoma Court of Civil Appeals. This process can take anywhere from a few months to a few years. It all depends on factors like the court’s caseload and the complexity of your case. When the time finally comes, a panel of judges will review your record and your briefs and determine if there was in fact an error that requires the reconsideration of the decision.
After the Appeal Is Decided
If the judges decide to reverse or alter the decision made in the trial, they will stipulate when the changes are to go into effect. If the court does not change the ruling from your trial, you still have some options. You can file a Writ of Certiorari to the state’s supreme court, which is a formal request for it to reconsider the decision.
The Oklahoma Supreme Court will either grant or deny your request to review the case, after which you can no longer appeal the decision. If the court chooses to review your case but does not give you a positive outcome, you have ninety days to seek an additional review from the court.
Dependable Family Law Appellate Attorneys That Your Family Can Trust
When you are looking at the wrong end of a court decision, you might feel like there are no more options available to you. This is not the way it has to be. If the court did something wrong or overlooked something critical in your trial, you are allowed to appeal the decision, and our team at Stange Law Firm is here to help you.
We are ready and eager to take a close look at your case and what grounds you might have for appealing the final decision. Our team can then work through the appeals process to help you achieve the right outcome. Reach out to our team today to discuss your path forward.
Oklahoma County (Oklahoma City), Oklahoma Office (405-594-0633) | 2601 Northwest Expy, Suite 411 W, Oklahoma City, Oklahoma 73112