Family Law Appeals
Appeal Attorney Ocean County, NJ
Appealing Unfair or Unreasonable Family Law Decisions in Point Pleasant, Toms River, Jackson, Brick, Spring Lake, Howell, Sea Girt, Ocean County, and Monmouth County
Family law courts oversee a wide variety of issues and concerns which can affect families in many different ways. Everything from divorce and its related issues of child custody, child support, marital asset division, and alimony, to domestic violence issues and restraining orders, to even matters concerning marital agreements such as a prenuptial agreement.
However, if an individual believes that a family court ruling was unreasonable, based on inaccurate evidence, or even not in accordance with established case law or precedent, they may be able to appeal that ruling and seek a new judgement in their family law matter.
As with any family law matter, but even more so when it comes to appealing a family law ruling, retaining the counsel of an experienced appeals attorney is highly recommended. Since winning any appeal will require not only a strong understanding of the law and how it works, but also how to present the arguments necessary to overturning a previous ruling, having an experienced Ocean County family law attorney on your side will prove an invaluable resource.
At Bronzino Law Firm, we have extensive experience achieving fair and reasonable rulings in any family law matter, and working with clients to appeal rulings when they are unfair or not in accordance with established case law in towns across Ocean County, including Toms River, Point Pleasant, Jackson, Brick, Wall, Spring Lake, Sea Girt, and Howell.
Call our office to discuss exactly how we can help you to appeal any kind of family law ruling in a free and confidential consultation today.
Ocean County’s Appeals and Family Court System
In New Jersey, the state court system is divided into three levels, the Superior Court (Family Court/Trial Division), the Appellate Division, and the New Jersey Supreme Court. When you believe a Family Court ruling to be unfair or inaccurately considered, you can appeal that decision with the Appellate Division.
The Appellate Division may either hear your matter, or remand your case back to Trial Court for a re-hearing. However, if your appeal reaches the NJ Supreme Court, any decision they make will be considered final, and no further appeal can be sought.
How to Appeal an Ocean County Family Court Order
Any order issues by either the Family Court or the Appellate Division can be appealed, however, that appeal must be filed within 45 days of the judgement being issued. For this reason, if you believe a family court order to be unfair or unreasonable, it is important that you begin working with our Ocean County appeals attorney as quickly as possible so that we have time to prepare your case, and file the necessary paperwork.
When appealing a family court order, that appeal will first be filed with the Appellate Division. The Appellate Division may send your case back to Trial Court for a re-hearing, or issue their own judgement on the matter. If the Appellate Division judges does not issue a unanimous decision, your appeal will automatically be heard by the NJ Supreme Court.
On the other hand, if the Appellate Division’s ruling is unanimous, you will have to file a formal request for your appeal to further be heard by the NJ Supreme Court. They may either hear your appeal (grant certification), or deny your request for an appeal hearing (deny certification).
Spring Lake, NJ Appeals Attorney and the Requirements for a Successful Appeal
When the Appellate Division is hearing your appeal, they will only consider evidence which was submitted during your initial Family Court hearing. If you and your Spring Lake appeals attorney feel that further evidence needs to be submitted in order to supplement your case, you will need to file a motion requesting that this additional evidence be allowed.
In order for your appeal to be successful, you must be able to demonstrate that either:
- The Family Court’s decision failed to follow controlling legal principles or case law
- The Family Court Judge abused their discretion when ruling on the matter
- The Family Court’s decision was not based on accurate or credible evidence
Of course, in order to convince the Appellate Division that any of these factors are true requires a deep understanding of family law, established case law principles, and the ability to present supporting evidence in a compelling, accurate, and effective manner.
Contact A Brick Family Law Appeal Lawyer Today
At Bronzino Law Firm, our firm has extensive experience appealing family law judgements regarding child custody, child support, alimony, marital asset division, restraining orders, and marital agreements in towns across Ocean County and Monmouth County, including Toms River, Point Pleasant, Sea Girt, Spring Lake, Wall, Jackson, Howell, and Brick.
The smaller size of our firm allows us to provide each of our clients with attentive legal service while still charging fair and reasonable rates. Attorney Peter Bronzino strongly believes in keeping each of his clients highly informed and involved throughout the legal process. By listening to your unique needs and concerns in any divorce or family law matter, we can better work to achieve the type of resolutions which best meets those needs and concerns, and protects our client’s and their family’s legal, financial, and familial futures.
To speak with Peter Bronzino and our legal team today in a free and confidential consultation regarding any family law matter, or how we can help you to appeal any kind of family court order, please contact us online, or through our Brick, NJ office at (732) 812-3102.