North Carolina Appeals

Appeals Attorney in Ballantyne

Family Law Appeals in Union County, Mecklenburg County, and Gaston County

A loss at trial in a family law matter is devastating, whether related to property division, support, or custody. However, it does not have to mean that this is the end of your legal journey. Miscarriages of justice can be appealed, and our attorney at Law Office of Thomas D. Bumgardner, PLLC, is often called upon by other law firms to represent clients in the appeals process.

Losing at trial may not be the end of your legal options. If you feel your case was wrongly decided at trial due to legal error(s), the process of an appeal must be initiated immediately.

Filing an Appeal in a Family Court: The Process

The appeals process is lengthy and detailed. Issues regarding child custody, support, and other matters can be appealed when significant legal errors have occurred. A “Notice of Appeal” must be filed within 30 days of the final court order regarding the family law matter in question.

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Key Reasons to File a Family Law Appeal

In family law cases, an appeal isn't about re-litigating the facts but addressing legal errors that occurred during the trial. The appeal process focuses on ensuring that the law was applied correctly and fairly. Some common reasons to file a family law appeal include:

Misapplication of the Law: If the judge interpreted or applied the law incorrectly, it can lead to an unjust decision.
Improper Evidence Handling: If crucial evidence was wrongly admitted or excluded, it may have impacted the outcome of the case.
Violation of Procedural Rules: Legal procedures must be followed carefully. A failure to do so could result in an unfair trial.
Failure to Consider Key Facts or Precedents: If important facts were overlooked or if the judge failed to consider prior legal rulings, the decision may be flawed.
Inconsistent Judgment: If the ruling contradicts previous legal principles or established case law, it may be grounds for appeal.

If you believe any of these errors occurred during your family law trial, an appeal could be the right path forward to correct the decision and secure a fair outcome. Contact our office to discuss your options.

Appealing a District Court Order at the NC Court of Appeals

A final court order can be appealed under specific circumstances. If you feel that the court’s final order failed to protect your legal rights, an appeal can be filed for the following issues:

Contact Law Office of Thomas D. Bumgardner immediately at (704) 870-4779.

Grounds for an Appeal

An appeal is not always possible, but if a judge’s decision was not supported by the law, an appeal is the next step. Family law matters that are decided at trial give judges a great deal of discretion in deciding the final outcome.

Need to appeal a court order? You have limited time. Contact Law Office of Thomas D. Bumgardner immediately at (704) 870-4779.

To successfully appeal a court order, it must be proven that the judge in the matter failed to comply with current state law, misinterpreted the law, or reached a decision that did not reflect the evidence and facts presented at trial, otherwise known as an abuse of discretion.

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