Preservation Of Error In Family Law Cases

Many family law disputes cannot be resolved without proceeding to trial. Generally, the Texas courts aim to issue fair and reasoned rulings. They are not immune from error, though, and mistakes made during trial can irreparably harm people’s rights. Fortunately, people aggrieved by unjust rulings can often seek review from a higher court. In order to do so, though, it is essential that their attorneys take the steps necessary to preserve their right to an appeal. If you are involved in a family law dispute, it is important to retain an attorney with the skills and experience needed to protect your interests. The skilled Dallas family-law attorneys of McClure Law Group have ample knowledge of the preservation of error in family law cases, and if you hire us, we will work tirelessly to help you seek the results you deserve.

There are specific rules that dictate how parties must proceed in Texas family law cases; if a party fails to comply with such rules, the opposing party can object. If the court then fails to remedy the error, it may be grounds for pursuing an appeal. There are certain steps attorneys must take to preserve errors in family law cases, though, and if they fail to do so, they may unwittingly waive their client’s right to an appeal.

The first and arguably most important element of the preservation of error in family law cases is voicing a clear, timely, and specific objection. This element is expressly defined by the Texas Rules of Appellate Procedure, which state that an objection must be adequately detailed to make the trial court aware of the objecting party’s complaint. In other words, it must identify the issue so that the trial court can issue an informed ruling and the other party can remedy the error if possible.

Objections that are overly broad or vague may fail to preserve an error for appeal. Objections that are made too early or too late may be inadequate as well. For example, if a party attempts to introduce testimony that contains hearsay at trial, and the opposing party merely objects without identifying which part of the testimony is hearsay, the objection may be insufficient to preserve the issue for appeal. If a party attempts to object before the witness testifies or at the conclusion of the trial, their objection may be deemed untimely to preserve the error.

After making an objection, it is also important that the attorney obtain a ruling from the court. This is because, pursuant to Texas law, an objection must be overruled in order for the alleged error to be preserved for appeal. The trial court may rule orally or in writing, but in most instances, it is best to obtain a written order or record of the court’s ruling so that there is an adequate record for appellate review. If the trial court refuses to rule on an objection, the attorney must object to the refusal in order to preserve the issue for appeal.

Attorneys must also make sure they do not engage in behavior that will waive their client’s right to an appeal. For example, if they object to evidence as inadmissible at one point in a trial but later fail to object when the opposing party again attempts to introduce such evidence, they may waive the right to argue it was admitted in error. Similarly, if they object to evidence and subsequently introduce the same evidence, they will likely waive the right as well.

The Texas family law courts typically take great care to rule appropriately, but in some instances, their decisions do not align with the law, and people harmed by such rulings have the right to file an appeal. If you have concerns about protecting your rights in family-law disputes, it is important to speak with a lawyer adept at the preservation of error in family-law cases. The experienced Dallas attorneys of McClure Law Group are proficient at helping people dealing with family-law disputes protect their interests, and if we represent you, we will gather the evidence needed to provide you with a strong chance of a good outcome. Our primary office is located in Dallas, and we have a Collin-County office in Plano where we are available by appointment. We regularly represent people in family law cases in Dallas, Fort Worth, Rockwall, Frisco, McKinney, Richardson, Irving, and Garland. We also aid people with family-law issues in cities in Dallas, Grayson, Denton, Collin, Tarrant, and Rockwall Counties. You can reach us by using our online form or calling us at 214.692.8200 to schedule a confidential consultation.