Omaha Family Law Appeals Attorney
Family court can be a stressful experience, and there’s even more anxiety and worry when the case doesn’t go the way you hoped it would. Some might want to give up, but there is hope after a trial in family court goes against you. You can file for an appeal of the decision, but to do this, you’ll want to employ an Omaha family law appeals lawyer to assist you with the case and advocate for your rights.
At Stange Law Firm, PC, we seek to get clients the help they need with whatever family law issues they are facing. Whether you are trying to modify a divorce agreement or change custody arrangements, we can help. Our team is full of experienced attorneys, and we assist clients in Missouri, Illinois, Kansas, Oklahoma, and Nebraska.
Can Stange Law Firm, PC, Assist Me With a Family Law Appeal?
Our team of seasoned attorneys, who have plenty of history working in family law, are ready to guide you through the appeals process from beginning to end. We founded Stange Law Firm, PC, in 2007, and since then, the practice has continued expanding. We’ll provide you with the time and attention your case deserves and ensure you get a fair proceeding in appellate court.
Family Law Appeals: The Basics
As the name implies, filing an appeal in Omaha, NE allows you to challenge a court ruling from a trial. You can only file an appeal when you believe there was a legal issue with the trial, such as improper procedure by the trial judge or another attorney.
If you choose to file an appeal, you will have to take your case to an appellate court. The appellate judge will hear your case and review the details of the trial. If they believe something is amiss, they may overrule a previous decision by a judge or jury or request a new trial.
There are two types of appeals that a citizen can attempt. These options are:
- Appeal of right: This is the standard style and will take you to an appellate court. This court will listen to your case and does not have a choice if they hear the appeal. The law requires the court to hear an appeal of right.
- Discretionary appeal: These are appeals that the court does not have a legal obligation to hear. You can think of it as going to the Supreme Court and asking them to hear your case. The court will do a cursory review of the case before determining whether they want to hear the appeal. The judges will only hear a case if they believe it has merits and if there is the potential for inaccurate rulings at the trial or appellate level.
You can appeal a ruling from an appellate judge and take the case to a higher court. You’ll often hear legal professionals refer to this as the “court of last resort.” Whatever this final court says will stand, and you won’t be able to file more appeals after this point.
When Will a Judge Reverse a Decision Upon Appeal in Omaha?
Typically, during the appeals process, a judge will seek to reverse a decision or order a new trial when they notice an error of law during the original proceedings. You won’t be able to present new information, evidence, or witnesses at an appeals case. Instead, you’ll just have to use what happened during the previous trial to try to convince an appellate judge that the trial judge made an error.
Some examples of an error of law include:
- Poor instructions to the jury: A judge will give a jury instruction throughout a trial, but if they fail to provide accurate instructions, this can be grounds for an appeal. Judges may instruct a jury to disregard evidence or help them understand their duties in the deliberation room.
- Allowing inadmissible evidence: Some evidence is not appropriate for a case, and a judge should not allow the jury to find out about it. If the jury becomes aware of inadmissible evidence, or the judge fails to strike down inadmissible evidence but continues the trial, this can be grounds for an appeal.
- Misapplying laws: Judges have some latitude in how they apply the laws, but they must stick to precedent. If a judge goes against common practices, this can result in an appeal.
Once both sides have presented all the evidence and explained their side of the story, an appellate judge will seek to decide what to do about the original trial. The judge will have three options available to them. They can either uphold the trial court’s ruling, modify or somehow change the original ruling, or request a new trial.
What Are Some Family Law Decisions You Can Appeal in Omaha?
Family law is a complex topic and covers many different facets. An appeal can allow you to ask the court to modify several aspects of a ruling. Some of the common outcomes of an appeal include changing outcomes related to:
- Divorce judgments: Divorce is one of the biggest issues that bring people to family court in the first place. During a divorce ruling, a judge will determine asset distribution and how to set up both individuals’ lives after the divorce. If you disagree with this ruling, you can file an appeal and demonstrate the judge made a mistake in their ruling on how to distribute assets after the divorce.
- Child support payments: Who pays child support depends on both parents’ income as well as who has the most physical custody of the child. If you believe you are paying an incorrect amount or you aren’t getting what you should be, given the material conditions of your life, you can seek to have the child support amount amended in appeals court.
- Spousal support payments: Spousal support payments, also referred to as alimony payments, allow a lower-income spouse to maintain a certain standard of living after the divorce. Similar to child support, you can ask a judge to amend this decision if you believe you aren’t getting enough or are paying too much, given your and your partner’s income levels.
- Custody arrangements: Custody negotiations are often the most difficult part in finalizing a divorce, as everyone wants a say in how their child’s life goes and wants to have their child present. If a judge did not give you a fair chance at being in your child’s life, or if you feel the arrangement isn’t safe, you can bring these concerns up on appeal.
How Much Does a Nebraska Appeals Lawyer Cost?
When hiring an appeals attorney, you’ll have to pay an hourly rate for their services. Unlike in a civil trial, where the attorney will likely work on a contingency basis, an appeal will require you to pay your attorney throughout the process.
In general, an appeals attorney will cost around $250 per hour. This number will fluctuate depending on the nature of your case and how much experience the lawyer has.
Should I Hire A Defense Attorney When Going Through the Appeals Process?
We highly recommend hiring an attorney anytime you’re dealing with a legal matter. And this necessity is even higher when you want to appeal a decision. Even an experienced attorney will have to put in a lot of time and effort to have a chance at winning an appeal, and a layperson has little chance of effectively advocating for themselves at an appellate hearing.
During an appeal, you will have to demonstrate to a judge that there was some improper application of the law during the trial. This can be difficult for someone with no formal legal experience, as they might not even know what constitutes proper implementation of laws and statutes. Your attorney will be able to demonstrate any errors in a judge’s ruling much better than you can on your own.
Family law cases are, by their very nature, emotionally charged. You’ll be too close to the case, and it may cloud your judgment and decision-making. Your attorney will come at your case from a place of objectivity.
Your attorney will have empathy for your situation but will be willing to give you straight answers. If they believe you don’t have a chance at appealing a decision, they will let you know and save you the trouble of wasting time and money on a hopeless case.
Stange Law Firm, PC: Experienced Omaha Family Law Appellate Lawyers
If you believe a judge did not do their due diligence during a trial, you have rights. Hiring an experienced Omaha family law appeals attorney from Stange Law Firm, PC, will give you a chance to reverse the decision and get an acceptable outcome. Our team is ready to help you and protect your rights.
At Stange Law Firm, PC, we aim to be a place where people can go for help with all their family law needs. Contact us today to schedule a consultation and see how our services can help you.
Douglas County (Omaha), Nebraska Office (402-509-1801): 9202 W. Dodge Rd., Suite 302, Omaha, Nebraska 68114
