If you disagree with a final decision from Virginia’s Juvenile and Domestic Relations District Court (JDR Court), you have the right to appeal to the Circuit Court. This appeal is known as an appeal “de novo,” meaning the Circuit Court will hold a new trial and reconsider the case from the beginning. You are not limited to arguing that the JDR Court made an error—instead, the Circuit Court conducts a fresh review of the evidence and law.
- You typically have 10 days from the date of the order to note your appeal
- The Circuit Court will conduct a new trial, not simply review the JDR Court’s decision
- New evidence may be presented
- Either party may appeal most JDR Court orders
If you wish to challenge a Circuit Court’s final order in a family law matter, you may appeal to the Virginia Court of Appeals. Unlike the de novo appeal from JDR Court, this is an appellate review where the Court of Appeals examines whether the Circuit Court made legal errors. The Court of Appeals generally does not reconsider factual findings or weigh evidence anew.
- You must file a notice of appeal within 30 days of the final order
- The appeal focuses on legal errors, not factual disagreements
- The Court of Appeals reviews the record from the Circuit Court
- Appellate briefs and oral argument may be required
Understanding the appellate process and strict deadlines is essential. Our firm can evaluate whether an appeal is appropriate in your case and guide you through each step of the process.
- info@cgglawyers.com
- Mon to Fri 9:00am to 5:00pm