Family court decisions have profound effects on all aspects of family life, including divorce, child custody, asset division, and spousal support (alimony). Court orders are binding, and if you feel that the result of your case was an unfair decision made due to one of the allowable factors accepted by the Denver Court of Appeals, it’s crucial to have experienced legal representation by a Denver family lawyer during the appeal process.
Contact Ciancio Ciancio Brown, P.C. to evaluate your case and take prompt action within the court’s deadlines.
The community leaders and dedicated legal advocates at Ciancio Ciancio Brown, P.C. have over 100 years of combined legal experience to bring to your case. With Ciancio Ciancio Brown, P.C., you can expect:
Ciancio Ciancio Brown, P.C. is a law firm that has helped shape and redefine family law in Colorado through a commitment to excellence combined with the compassion your family deserves.
An appeal is the legal process of challenging a court decision in a higher court based on specific legal issues. The issue must demonstrate that a judge’s initial decision was legally flawed. Family court appeals are not intended to overturn a judge’s decision just because the results did not go the way you had hoped. To file an appeal, your case must be based on one or more of the following mistakes that could invalidate a judge’s decision:
Disatisfaction with a judge’s decision is not enough to warrant an appeal. The appellate court will refuse to hear an appeal unless there are sufficient legal grounds showing that the original decision was made in error.
If you believe the judge’s decision in your family law case was flawed due to one of the above causes, it’s crucial to act quickly by hiring an experienced appellate attorney. There is a 49-day time limit for appealing a family law case in Colorado’s appellate court. A Notice of Appeal must be filed within 49 days of the original court ruling. The Notice of Appeal begins the appeal process by allowing the appellate court to determine if the case has merit.
There is an exception to the 49-day time limit in cases that include a post-trial motion. In this case, the 49-day limit begins on the date the motion was filed. In addition, a post-trial motion must be filed within 14 days of the court’s ruling to extend the deadline.
Only under rare circumstances showing good cause does an appellate court allow an extension of the 49-day deadline for filing an appeal.
Once the appellate court has the appeal record and complete transcripts of the case, a Denver appellate attorney begins the written arguments with an appeal brief. This is also known as an opening brief. The brief carefully describes the error, misapplication of law, or other legal or factual error that is grounds for the appeal. The brief explains the argument for why the appellate court should overturn the ruling. This document must meticulously describe the following:
The appeal brief is the most crucial document in any case that comes to the appellate court. A Denver appellate attorney from Ciancio Ciancio Brown, P.C., will take diligent care in ensuring the brief is complete and compelling.
The appeal process also involves answer and reply briefs. Answer briefs are made by the original trial court (the Appellee) and support the original trial court’s decisions. Reply briefs address the rebuttals in the answer brief. Essentially, the reply brief is your attorney’s opportunity to have the last word on your appeal.
Before hiring an appellate attorney, it’s imperative to understand not only that an appeal is not a new trial, but also what the result of your appeal could be. Your Denver appellate attorney can tell you more based on the details unique to your case, but in general, the possible results of a family court appeal in Denver include the following:
Depending on the complexity of the case, an appeal can take months or several years to resolve.
An appellate court only considers overturning an original judge’s court order. It does not hear new evidence, retry the case, or make new rulings. You have only one chance to make right a wrong that occurred in your original court ruling.
It’s crucial to hire an experienced Denver appellate lawyer for your appeal. Contact Ciancio Ciancio Brown, P.C., to learn more about the merits of your Colorado appeal case.
