Introduction:

When dealing with family law matters in South Carolina, temporary hearings play a crucial role in resolving immediate issues before a final judgment is reached. However, it is not uncommon for parties to feel dissatisfied with the outcome of a temporary hearing. If you find yourself in this situation, knowing how to navigate the appeals process can help you seek a fair resolution. In this article, we'll discuss the essential steps to appeal a decision from a temporary hearing in South Carolina.

Understand the Temporary Hearing and Its Limitations:

A temporary hearing is designed to address urgent matters during the pendency of a divorce or family law case. These hearings typically address child custody, visitation, child support, alimony, and the use of marital assets during the proceedings. It's important to remember that temporary orders are not final judgments and are subject to modification in later proceedings.

Review the Temporary Order:

Carefully review the temporary order issued by the judge. Understand the reasons behind the decision, the specific terms and conditions imposed, and how they may impact your future rights and obligations. Discuss any concerns or inconsistencies with your family law attorney to determine if there are valid grounds to either ask the deciding Judge to reconsider the temporary order, or to file a petition for writ of supersedeas.

Consult with an Experienced Family Law Attorney:

To ensure that your rights are protected and the best interests of your family are upheld, consult with an experienced family law attorney in South Carolina who can guide you regarding which procedure will best serve your interests. They will evaluate your case, identify potential grounds for reconsideration or filing a petition for a writ of supersedeas, and guide you through the process.

Meet time deadlines:

Follow the necessary procedural steps by filing your motion for reconsideration or petition for writ of supersedeas with the appropriate South Carolina court within the time prescribed by law. Failing to file within the specified time frame could result in your request for review being dismissed.

Prepare Your Motion to Reconsider or Petition for Writ of Supersedeas:

These are comprehensive documents that outlines the grounds for review of a temporary order, supported by appropriate legal arguments, case law, and references to the transcript and evidence from the temporary hearing. Work closely with your attorney to compile a compelling and persuasive document that highlights any errors or injustices that occurred during the temporary hearing.

Await the Decision:

Once the Motion to Reconsider is completed and filed, the deciding Judge may request a Reply from the opposing party, schedule a hearing, or simply deny the Motion without further argument. 

Determine next steps:

Once the reviewing court has made its determination, it is important that you discuss next steps with your attorney.  Often, circumstances change while divorce cases are pending, which may warrant filing for a new temporary hearing altogether.  Though it can be frustrating if you are not successful in achieving the results you desire during a temporary hearing, it is not the end of the road.  A good family law attorney can help you strategize in your case with an eye toward what your long term goals are.  

Conclusion:

Appealing a decision from a temporary hearing in South Carolina involves a complex blend of legal knowledge, strategic planning, and effective advocacy. To increase your chances of success, seek guidance from an experienced family law attorney who can guide you through the process.  Call us at Sarji Law Firm to schedule a strategy session.