What To Do If You Anticipate An Appeal: Preserving the Record

You always have the right to appeal your family law case if an error has occurred with your case and you are dissatisfied with the outcome. Divorce lawyer Van Smith and his colleagues at Smith Strong, PLC have experience in guiding clients through the appeal process and in trying to get a better outcome for you if you are unsatisfied with your circuit court decisions. There are numerous protocols that must be followed in order to appeal a case to the Virginia Court of Appeals, and our firm can help you.

Getting to the Court of Appeals of Virginia Seems Easy, but Success of Such Appeals Requires Numerous Actions

The Court of Appeals of Virginia provides appellate review of final decisions of the circuit courts in domestic relations matters. All of these appeals, “are a matter of right.” However, you need a knowledgeable attorney to help you navigate through the appeals process. Getting to the Court of appeals seems easy, but success of such appeals requires numerous actions.

A Timely Objection Must Be Made In Order To Preserve The Record

The Virginia Code requires an attorney to take timely action in notifying the trial judge of a possible error that would lead to an appeal. The judge then has the opportunity to take corrective action to avoid an unnecessary appeal, reversal, or mistrial. An attorney must preserve the record by making an objection. However, the Virginia Code does not mandate a specific procedure or method to preserve an appeal, but a general objection will not suffice. It is therefore the responsibility of your attorney to make an objection with a basis for reversal that’s reasonably certain.

Objections Must Be Timely

Your attorney’s objection must be timely. The purpose of this is to bring the alleged error to the judge’s attention so the judge can correct it if necessary. This helps prevent appeals based on erroneous grounds. If your attorney cannot or does not make an objection in a timely manner and the evidence comes in, your attorney should make a motion to strike the evidence from the record. This means that the evidence will no longer be considered on the official court record of the matter.

Objection Must State Why The Offered Evidence is Objectionable

Your attorney also must state why the offered evidence is objectionable. The attorneys at Smith Strong, PLC understand the Virginia Court of Appeals process for family law matters and have much experience in guiding clients through the process. Call today for a comprehensive client case plan for your family law matter.