Appealing a Family Law Order
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What Kind of Family Law Orders are Appealable?
Family law orders and judgments are appealable if the order or judgment made by the trial judge is considered “final.” The following are examples of family law orders that are final:
- A judgment where issues are not bifurcated
- A child support order
- A spousal support order
- An order on a post-judgment RFO that requires no further action by the trial court
- Domestic Violence Restraining Orders
- A need and ability-based attorney fee award made before or after a trial
Areas of Family Law
What if the Order or Judgement is Appealable?
If an order or judgment is appealable, review cannot be by writ unless special circumstances render review by appeal inadequate. An appeal (or other remedy) is generally not deemed “inadequate” just because it involves greater effort, expense, or time. However, by showing an exceptional circumstance, it will be inadequate on appeal.
For example, an undue hardship on account of inability to obtain a stay; or public interest demanding immediate disposition. Even though a circumstance may be inadequate upon appeal, the party needs to file a timely notice of appeal. Writ review will not be granted if a party fails to abide by the time requirements for a right to appeal.
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