Objections and Appeals

Some judges transfer cases to magistrates for an initial decision. A magistrate is basically an assistant judge. Judges frequently transfer family law cases to magistrates.

If a party believes a magistrate issued an incorrect decision, the party can file objections to the magistrate's decision. The objections are reviewed by a judge. If the judge determines that the magistrate's decision was incorrect, the judge can issue a new decision.

If a judge issues a final decision, and if a party believes that the judge has issued an incorrect decision, the party can file an appeal with the appropriate court of appeals. The appeal is reviewed by a panel of three judges from the court of appeals. If a majority of the court of appeals' judges decide that the original judge's decision was incorrect, the court of appeals can reverse or modify the original judge's decision.

If a court of appeals issues a final decision, and if a party believes that the court of appeals has issued an incorrect decision, the party can file an appeal with the Supreme Court of Ohio. A Supreme Court of Ohio judge is called a justice. The Supreme Court of Ohio has seven justices. If four or more of the justices determine that the court of appeals' decision was incorrect, the Supreme Court of Ohio can reverse or modify the court of appeals' decision.

Handling an objection or an appeal requires special knowledge and skills. Special rules apply to objections and appeals. These rules are technical and complicated. If the rules are not strictly followed, the case will usually be dismissed.

An attorney handling an objection or an appeal must take a scholarly and technical approach to the case. The attorney must be excellent at legal research and legal writing. The attorney will also probably need to be excellent at oral advocacy.

To view a video clip of Attorney Dougherty arguing a case in the Supreme Court of Ohio, go to here

When an attorney files an objection or an appeal, the attorney is saying that a magistrate or a judge made a significant error. Thus, some attorneys are afraid to handle these cases. They are afraid that a magistrate or a judge will be angry at the attorney for filing the objection or appeal. Because of this fear, these attorneys may improperly discourage a client from filing an objection or an appeal.

These attorneys must be avoided. Objections and appeals are normal parts of the legal process. If a mistake has been made, the mistake should be corrected. An attorney must never put his or her fears above the interests of a client.

Strict time limits exist regarding the filing of objections and appeals. If an objection or an appeal is filed late, the objection or appeal will probably be dismissed and the case will be over.

The general time limits for the filing of an objection on an appeal are as follows.

• An objection must be filed within fourteen days after a magistrate's decision.
• An appeal to a court of appeals must be filed within thirty days after a judge's decision.
• An appeal to the Supreme Court of Ohio must be filed within forty five days after a court of appeals' decision.

To protect a client's right to pursue an objection or an appeal, an attorney must take various actions before the objection or the appeal is filed. An issue must be brought to the court's attention at the proper time and in the proper manner. If the issue is not properly presented and preserved, the issue probably cannot be considered in an objection or an appeal.

A court may order one party to pay the other party's attorney fees regarding an objection or an appeal. Generally, a court can issue an attorney fee order if one party's actions are frivolous or if an award of attorney fees would be otherwise be equitable.


In addition to attorney fees, a court may also order one party to pay the other party's litigation expenses and court costs.

The DHP law firm attorneys have produced successful outcomes for many family law clients. Please click here to read about success stories that reflect various family law issues. Perhaps you will see your marital issues reflected in one or more of these brief stories.

Contact DHP for a free confidential consultation with one of our attorneys. We can give you information about your specific rights and options.

Our firm has 4 attorneys who are Certified Specialists in Family Relations Law. No other law firm in Central Ohio has more Certified Specialists.

Fewer than 1% of all attorneys in Ohio have earned the Certified Specialist designation.


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