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Divorce/Separation Post Reply     Print Topic    
User Topic: Anyone appeal a judge's ruling?
peridot
♀ Member
Member # 18334
Default  Posted: 9:43 AM, August 15th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

Have you had a GAL assigned? If not, when you do the appeal, ask for one. They will look at the evidence. During my divorce I was told the judges usually go with what the GAL reccommends. I found that to be true in my case.

I agree, there is something not right here. It's odd that his attorney was able to keep all that evidence out. I wouldn't doubt it if something were going on with the judge, his attorney or both. I agree with stronger something doesn't smell right and your case could be hitting close to home somehow for the judge.

I don't know how the appeal process works but you might ask your attorney about getting a different judge.


I think...therefore, I'm single.

It is what it is.


Posts: 4488 | Registered: Feb 2008
dmari
♀ Member
Member # 37215
Default  Posted: 11:05 AM, August 15th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

Don't have any experience with your question but I just wanted to send you strength and reassurance that you are doing the right thing on behalf of your kids! It blows my mind how his lawyer and the judge can turn their heads at really major concerns. Something doesn't seem right with the system. You are a good strong momma! I'm sorry this is happening to you!


Me (BS): 42 Children: DD 18, DS 15
I FINALLY GOT A COURT DATE: 5/29/14!!

Posts: 1830 | Registered: Oct 2012
Amazonia
♀ Member
Member # 32810
Default  Posted: 11:09 AM, August 15th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

I'm not an attorney, but have taken a civil litigation class, and we learned that appeals generally don't introduce any new testimony or evidence; instead the appeal judge looks at what was done in the lower court (transcripts, evidence, etc.) to see if there was a procedural or legal error made. (That could include the exclusion of xyz from consideration, I imagine, but again, I'm not a legal professional.) The appeal judge then tells the original judge to correct the mistake that was made (like "re-rule but with xyz in consideration"), called "remanding" it to the lower court.

Take your attorney's advice, NG. I can't see how an appeal would hurt you, but if the attorney really thinks it could help (especially if the judge is in some way corrupt ) it seems like it could really help. Your attorney knows your local court system better than anyone on the internet, and can also tell you what to expect from an appeal.

[This message edited by Amazonia at 11:10 AM, August 15th (Thursday)]


"You yourself deserve your love and affection as much as anybody in the universe." -Buddha
"Let's face it, life is a crap shoot." -Sad in AZ

Posts: 13188 | Registered: Jul 2011
Compartmented
Member
Member # 29410
Default  Posted: 5:50 PM, August 15th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

Nature_Girl,

{{{{ }}}}, {{{{ }}}} and {{{{ }}}}

Please know that you stay in my prayers!!!! Your situation weighs on my heart. You are SO STRONG and really impress me!!


Posts: 1052 | Registered: Aug 2010
heartbroken_kk
♀ Member
Member # 22722
Default  Posted: 12:27 AM, August 16th (Friday), 2013View ProfileEdit MessagePrivate MessageHomepage

just sending hugs (((((Nature Girl))))) (((((NG littles))))

and an FTG for good measure


BW then 46, STBXWHNPDPAFTG the destroyer of my entire life.
D-Day 1 1999, D-Day 2,3,4,5,6... 2009 thru 2011.

Separated, divorcing, moving on.
I edit because I always make typos.


Posts: 1002 | Registered: Feb 2009 | From: California
crisp
♂ Member
Member # 34236
Default  Posted: 7:04 AM, August 16th (Friday), 2013View ProfileEdit MessagePrivate MessageHomepage

When I started to read this I was forming a suggestion in my mind to advise you just to live with it based on the VERY high hurdle of overturning this type of decision on appeal. Usually appellate courts have to find an abuse of discretion and or NO evidence to support the ruling. BUT, as I read further you mentioned that the judge would not allow evidence of perv. That changes thing greatly and encourage you to have your attorney first file a motion to reconsider based on the erroneous evidentiary rulings

Posts: 298 | Registered: Dec 2011 | From: NE US
roughroadahead
♀ Member
Member # 36060
Default  Posted: 7:09 AM, August 16th (Friday), 2013View ProfileEdit MessagePrivate MessageHomepage

You can absolutely appeal. You appeal first to the appeals level courts, and if you don't like what they say, you can appeal to the state Supreme Court. They can choose not to hear your case, but the appeals court has to. Ama is right that appeals only consider the record from trial court, but the record should include any motions filed or hearings about evidence staying out. If there is an error there, it will be remanded for a new trial. The appeals court is all about correcting errors of law. They won't issue a custody schedule or whatever. They'll probably tell the trial judge to redo it, using the right law this time.

First make sure you're comfortable with you L's work so far, and then follow his advice. An abuse of discretion standard kind of sucks, in that the bar is pretty high for the appellate court to find in your favor. Again, this is something your L should advise you on.

Good luck!


BS-Me 30s
WS-Him 30s
D-Day 4/2012 (Insisted EA only)
D-Day 5/2012 (Did I say EA? Ummm..)
Numerous other TT/broken NC d-days until S 1/2013. D settled 11/2013
MOW-coworker, 40s.
2 DS and DD all w/autism

Posts: 707 | Registered: Jul 2012 | From: USA
Kajem
♀ Member
Member # 36134
Default  Posted: 12:28 PM, August 16th (Friday), 2013View ProfileEdit MessagePrivate MessageHomepage

Is there a child abuse advocate that you can talk to regarding the best way to get the evidence into the system? Or maybe the legal advice from the local domestic violence shelter may be able to help.

Hugs, NG You have worked so hard to get your kids to a safe place. I am praying for you and the kidlets.


I trust you is a better compliment than I love you, because you may not trust the person you love, but you can always love the person you trust. - Unknown
Relationships are like sharing a book, it doesn't work if you're not on the same page.

Posts: 4002 | Registered: Jul 2012 | From: Florida
nowiknow23
♀ Guide
Member # 33226
Default  Posted: 1:49 PM, August 16th (Friday), 2013View ProfileEdit MessagePrivate MessageHomepage

NG - just sick about this. Hope you are able to get the legal support you and your kids so desperately need.

Sending you strength, honey. (((((hugs)))))


You can call me NIK

There's always failure. And there's always disappointment. And there's always loss.
But the secret is learning from the loss, and realizing that none of those holes are vacuums.
- Michael J. Fox


Posts: 22579 | Registered: Aug 2011
Topic Posts: 29
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