California Family Law Writs Attorneys
Strong advocacy for extraordinary remedies when appeals aren’t enough
What is a Family Law Writ?
A writ is a special order issued by a higher court directing a lower court to take—or stop—a specific judicial action. Writs are considered extraordinary remedies because they are only granted when there is no plain, speedy, or adequate alternative. In family law, this may apply to urgent custody, support, or property issues where waiting for a traditional appeal would cause significant harm.
It’s important to know that writs are rarely granted—around 90% of petitions are denied. This makes experienced legal guidance critical to ensure your petition is properly prepared and supported.
The Three Types of Writs
Certiorari
Certiorari is granted to review judicial acts of an inferior tribunal, such as a trial court, when that court has “exceeded [its] jurisdiction.” This type of writ is like an appeal because it reviews the record of the lower court, and either affirms or annuls the judgment or order of the lower court.
Prohibition
Prohibition restrains or prevents judicial action. This type of writ is directed at jurisdictional defects, such as an inconvenient forum or improper venue.
Mandamus
Mandamus can be issued against a public body or public officer to compel the performance of an act which the law specially orders. This is done in cases where there is not a plain, speedy, and adequate remedy. For example, the performance of a ministerial act such as an entry of judgment, which a petitioner is clearly entitled to.
When can I file a writ petition?
Request for writ review must contain a verified petition, supporting memorandum, exhibits, an adequate record, and a proof of service. The party seeking writ review must have a “beneficial interest” in the lawsuit, which means some special interest or some right to be preserved or protected and above the public interest. The petition must address the grounds for relief, the inadequacy of other remedies, and the “prayer” specifying the desired writ. The following are general criteria for determining the appropriateness of a writ:
- The issue presented in the writ petition is of widespread interest or a significant and novel constitutional issue
- The trial court's order deprived petitioner an opportunity to present a substantial portion of his cause of action
- Conflicting trial court interpretations of the law
- The trial court's order is both clearly erroneous and creates a substantial prejudice towards the petitioner's case
- The party seeking the writ lacks an adequate means to attain relief
- The petitioner will suffer harm or prejudice that cannot be corrected on appeal
Common family law orders reviewable by writ
- A prejudgment order on child custody or visitation made either ex parte or at a request for order (RFO) hearing.
- Contempt orders
- Temporary child custody orders
- An order granting or denying change of venue
- An order, before judgment, on exclusive use and possession of property
- A denial of pendente lite attorney fees when the requested fee award is necessary to hire counsel for an imminent child custody hearing
- Hearings on discovery and pleading motions
- An order denying a continuance
- An order granting or denying an expungement motion
- An order denying a motion to quash a case for lack of personal jurisdiction or an inconvenient forum.
Speak with a Family Law Writs Specialist
Contact us for a confidential, introductory conversation with our Intake Specialist. We’ll talk with you about your unique family law matter, and match you with an attorney who is best suited to handle the particular issues in your case, so we can help you take the next step forward.
Speak with a Family Law Writs Attorney
Schedule a confidential, no-obligation conversation with our team. We’ll discuss your unique situation and match you with the attorney best suited to help you move forward.
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