Family Law Appeals & Writs Attorneys in San Diego

Work with a Board Certified Civil Appellate Law Specialist 

At Andrew J. Botros, APC, we understand that the outcome of a family law case can profoundly affect your future. When trial court decisions are legally or procedurally incorrect, appellate remedies may be available. 

Attorney Botros is uniquely qualified to guide clients through this process. He is one of only a handful of attorneys in California certified by the State Bar’s Board of Legal Specialization as both a Certified Family Law Specialist and a Certified Civil Appellate Law Specialist. This dual certification means he brings unparalleled family law and appellate procedure expertise to every case.

Mr. Botros has successfully represented clients in complex family law appeals and writs, with published cases including Lief v. Superior Court (2018), In re Marriage of Kent (2019), Menezes v. McDaniel (2019), A.M. v. Superior Court (2021), Fishbein v. Segal (2023), and In re Marriage of Tara and Robert D. (2024). His record demonstrates both skill and experience in handling these highly specialized matters. 

Call (858) 422-1377 or contact us online to discuss your case with a San Diego family law appeals and writs lawyer at Andrew J. Botros, APC. We offer phone, office, and convenient virtual appointments. 

Appeals Are Not “Do-Overs”

It is a common misconception that an appeal is simply a second chance to retry your case. In reality, trials and appeals are fundamentally different.

• Trial courts focus on the facts: who said what, which witnesses are credible, and what actually happened. Trials often involve days or weeks of testimony, evidence, and credibility determinations.
• Appellate courts, by contrast, focus on whether the law was applied correctly to the facts already established at trial. They do not hear new testimony or admit new evidence. Instead, the arguments are presented almost entirely through written appellate briefs.

Because trial judges’ factual findings are given extraordinary deference, challenging those findings is extremely difficult. For example, even if overwhelming evidence supports one side, if the trial judge found another witness more credible, that credibility determination cannot be disturbed on appeal. This illustrates why appellate work requires precise legal analysis and strong written advocacy.

Family law appeals and writs require an attorney with both appellate insight and a deep understanding of family law. Few attorneys possess both qualifications. Attorney Botros’s dual specialization, proven success in published appellate cases, and commitment to protecting clients’ rights make him an invaluable advocate in these highly complex proceedings.

The Appellate Process

When a party appeals, the Court of Appeal reviews the trial record (all documents, evidence, and trial transcripts) to determine whether the law was correctly applied. Written briefs form the backbone of appellate litigation, and oral arguments are typically very brief. In most cases, the appellate court has already drafted a tentative opinion before hearing from the attorneys.

Appeals are generally suitable for final orders, decisions by the trial court that fully resolve a matter, such as a child support or spousal support order. Appeals can take a year or more because judges are required to issue a written opinion explaining their reasoning.

Writ Relief: When Time Is Critical

In contrast, writs are reserved for urgent situations. Filing a writ allows a party to “cut in line” and request immediate review of a trial court order. Decisions can come in days or even hours if the circumstances warrant. However, writ relief is discretionary; the Court of Appeal may deny relief without explanation.

A central question in determining whether to pursue an appeal or a writ is whether the order at issue is “final.” Under California law, final orders, such as child support, spousal support, restraining orders, and specific attorney fee awards, generally must proceed by appeal. However, urgent or extraordinary circumstances may make a writ necessary to prevent irreparable harm.

Writ relief is typically necessary in situations such as:

• Prejudgment custody or visitation orders made either ex parte (an urgent hearing where only one party is present) or at a Request for Order hearing
• An order for exclusive use and possession (which gives one spouse a temporary right to live in the family home while the case is pending) made before judgment
• Hearings on discovery motions
• A hearing denying a continuance (a request to postpone or delay a scheduled court hearing)
• An order denying a motion to quash (a challenge to the court’s authority to hear the case, often because of a lack of jurisdiction)

These matters require immediate action because waiting for an appeal could irreparably harm a party’s rights.

Contact Us for Civil Appellate Law Help Today

If you believe a trial court decision in your family law case was legally flawed or need immediate intervention through writ relief, Andrew J. Botros, APC provides exceptional legal representation. We can evaluate your options, explain the appellate process, and help you determine the best path forward. 

Call (858) 422-1377 or submit our online contact form to book a confidential consultation with a San Diego family law appeals and writs attorney today. We serve clients throughout San Diego County.