If you are involved in a domestic violence suit and do not like the outcome of the trial, there is a chance that you can appeal the ruling. This is especially important if you feel unsafe that a restraining order was not granted. You will also need to consider whether other factors make an appeal worth it, such as costs and time commitments. The following is information you will need when making a decision about appealing the ruling of your case:
Can Your Case Be Appealed?
One thing to keep in mind is that there are limited options for your basis for appeal. This simply means that not all cases can be appealed for a variety of reasons. If your case can be appealed, you will then need to discuss the details with your attorney to see if it is worth it. What are the odds the results will change? How damaging is the ruling to your personal safety? Is the case regarding simple battery, attempted murder, or any other dangerous charges? These are all questions you will need to ask when making a decision.
You will also need to keep in mind the costs of an appeal. You will be paying your attorney to prepare and file the proper paperwork. The cost of the appeal may end up costing you more than it is worth. And then, you may still lose the appeal in the end. You will need to determine how important the appeal is to you.
Is There Basis For An Appeal?
This is something that you will need to discuss with your attorney. If your lawyer is thoroughly convinced that the appeal has substantial enough basis for an appeal, then it may be a good idea to move forward. An appeal is especially ideal if the ruling was made due to an error on the court's behalf. In some cases, decisions can be completely reversed, as long as an appeal is filed. The attorney can review the transcripts of the trial or hearing to help develop a basis for an appeal.
Will You Win An Appeal?
This will completely depend on the factors and details of your case. There is no surefire likelihood that you will win, but the possibility is there. The best chance of winning your appeal is if there is some type of error when applying the law to your case. However, if your appeal is based on the fact that you do not believe the correct evidence was filed or the facts about the case were misrepresented, it can be more difficult to win an appeal.
Talk with a firm like Jack Weatherill Law Offices for more information.