Demand a Second Look: Protecting Your Rights in Divorce, Family & Order of Protection Appeals
Understanding Your Right to Appeal
Facing an unfavorable ruling in an Illinois divorce, child support dispute, or order of protection matter can be incredibly challenging. You might feel like your voice wasn't heard or that critical errors were made. Fortunately, you have the right to seek appellate review. Our firm focuses exclusively on these types of appeals in Illinois, providing you with a dedicated and knowledgeable advocate for your case.
Did the Trial Court Make a Critical Error?
The basis for a successful appeal often lies in demonstrating that the trial judge made a significant error that negatively impacted the outcome of your case. This could involve various issues, such as:
Incorrect Characterization or Division of Property: Mistakes in how marital assets were classified and divided.
Errors in Child Support Calculations: Misapplication of guidelines for current support or arrears.
Abuse of Discretion: Instances where the judge's decisions were clearly unreasonable or unsupported by the law.
Other Critical Errors: Overlooking key evidence, misinterpreting the law, or procedural mistakes.
If you believe such errors occurred in your case, we can help you determine if you have a strong foundation for an appeal.
Our Transparent Appellate Review Process
We understand the importance of clarity and transparency, especially when it comes to legal fees. Our initial process involves a thorough review of your case to determine if an appeal is warranted. This process is broken down as follows:
Comprehensive Case and Document Review: We meticulously examine the entire record from your trial court proceedings.
Starting at $550: For standard cases with a manageable volume of documents (e.g., an Order of Protection matter spanning four months or less).
Pricing Based on Complexity: Cases with extensive records, such as long-term divorces or complex financial situations, will have a higher review fee based on the time and effort required for a thorough analysis. We will provide a clear and upfront quote for your specific situation.
This initial review allows us to provide you with an honest assessment of your appellate prospects and the potential scope of work involved.
What Happens After We Take Your Appeal?
Once we've determined that your case has grounds for appeal and you've decided to move forward with our firm, we begin the process of seeking a more favorable outcome for you. To understand the steps involved in your appellate journey with us, simply continue reading below.
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Phase 1: The Notice of Appeal and Initial Filings
The first crucial step is filing the Notice of Appeal with the Illinois trial court. This formal document officially initiates the appellate process.
Our Tasks:
Prepare and file the Notice of Appeal within the strict legal deadlines (typically 30 days from the final trial court order).
Serve the Notice of Appeal on all necessary parties.
Pay the required filing fees to the Appellate Court.
Begin the process of requesting the Record on Appeal from the trial court. This includes all pleadings, transcripts of hearings and the trial, and exhibits.
What You Can Expect: Clear communication regarding deadlines and the filing of these initial documents. We will keep you informed of the progress and any information we need from you.
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Phase 2: Preparing the Record on Appeal
The Record on Appeal is the official compilation of all documents and transcripts from the trial court proceedings that the Appellate Court will review. Ensuring its accuracy and completeness is vital.
Our Tasks:
Coordinate with the trial court clerk to ensure the Record on Appeal is properly prepared and transmitted to the Appellate Court.
Review the Record on Appeal for completeness and accuracy.
Address any discrepancies or omissions in the Record.
What You Can Expect: We will keep you updated on the status of the Record on Appeal and will notify you if any issues arise or if we need to clarify any information within the record.
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Phase 3: Crafting the Appellate Brief
The Appellate Brief is the cornerstone of your appeal. This persuasive legal document outlines the errors made by the trial court and argues why the Appellate Court should reverse or modify the lower court's decision.
Our Tasks:
Conduct thorough legal research on the relevant statutes, case law, and legal principles.
Analyze the Record on Appeal to identify and articulate the critical errors made by the trial court.
Draft a compelling and well-reasoned Appellate Brief that clearly presents your arguments. This includes:
A statement of jurisdiction.
A statement of the issues presented for review.
A statement of facts, supported by citations to the Record on Appeal.
Argument sections, presenting legal analysis and supporting authorities.
A conclusion stating the relief sought.
File the Appellate Brief with the Appellate Court within the designated timeframe.
Serve copies of the brief on opposing counsel.
What You Can Expect: We will work closely with you to understand the nuances of your case and develop the strongest possible arguments. We will provide you with drafts of the brief for your review and feedback.
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Phase 4: Opposing Counsel's Brief and Our Reply (If Necessary)
The opposing party will have the opportunity to file their own Appellee's Brief responding to our arguments. We will carefully review their brief and determine if a Reply Brief is necessary to address any new arguments or clarify our position.
Our Tasks:
Analyze the Appellee's Brief.
Conduct further legal research as needed.
Draft and file a Reply Brief (if strategically advantageous) to counter the opposing arguments.
Serve the Reply Brief on opposing counsel.
What You Can Expect: We will keep you informed about the filing of the opposing brief and our strategy regarding a Reply Brief.
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Phase 5: Oral Argument (If Granted)
In some cases, the Appellate Court may schedule Oral Argument, where attorneys from both sides have the opportunity to present their arguments directly to the panel of judges and answer their questions.
Our Tasks:
Prepare thoroughly for Oral Argument, anticipating the judges' questions and refining our key arguments.
Present a clear and persuasive argument to the Appellate Court.
Respond effectively to the judges' inquiries.
What You Can Expect: We will discuss the possibility of oral argument with you and, if granted, will thoroughly prepare you for the process.
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Phase 6: The Appellate Court's Decision
After reviewing the briefs and, if applicable, hearing oral arguments, the Appellate Court will issue its Decision, typically in a written opinion.
Our Tasks:
Monitor the Appellate Court for the issuance of the decision.
Thoroughly review and analyze the Court's opinion.
Explain the decision and its implications to you in clear and understandable terms.
Advise you on any further options, such as a Petition for Rehearing or Petition for Leave to Appeal to the Illinois Supreme Court (if applicable and warranted).
What You Can Expect: Prompt communication regarding the Appellate Court's decision and a clear explanation of its meaning for your case.
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Phase 7: Post-Decision Options (Petition for Rehearing or Leave to Appeal)
If the Appellate Court's decision is not favorable, or if there are grounds to seek further review, we can advise you on and potentially pursue a Petition for Rehearing with the Appellate Court or a Petition for Leave to Appeal to the Illinois Supreme Court. These are complex legal procedures with strict deadlines and specific criteria.
Our Tasks:
Analyze the Appellate Court's decision to determine if grounds for further review exist.
Advise you on the likelihood of success and the costs involved.
Prepare and file the necessary petitions if you choose to proceed.
What You Can Expect: Honest and realistic advice regarding these further appellate options.
