Setting Aside Sacramento Family Law Orders

by | Jun 28, 2013 | Firm News |

In practice, Sacramento Family Law courts are supposed to make accurate and reasonably timely orders so that the parties can receive just results and receive finality to their case.  Unfortunately, our judicial system is not perfect and courts do make mistakes.  Sometimes the mistakes are made by the judge, or the clerk, or the attorneys, or the parties themselves.


When a Sacramento Family Law litigant notices a mistake in their court order, and the mistake is significant and material, great care should be taken to see an attorney.  Sometimes the mistake can be quickly corrected with minimal paperwork.  However, if the court made a mistake of law, or there are new and different facts or new law that were unavailable at the time of the original court hearing, your attorney will need to discuss filing a court motion with you.


If you or your attorney previously made a mistake or have a good excuse for the error in the paperwork, you can also file a motion to set aside the erroneous order.  There are strict timelines to bring a motion to set aside in Sacramento Family court and thus it is important to see an attorney immediately.  If the judge made a mistake of law and the judgment is inconsistent with the facts, you can bring a motion to vacate the judgment and replace it with a new one.


If you are involved in a Sacramento Family law case and you believe an error has been made, please give our office a call.  We are experienced family law attorneys and we can help you evaluate your case.