Martin Law Firm Accepts
Domestic Relations and Family Law Appeals
Magistrate Orders: Magistrates in the Colorado District Court are licensed attorneys appointed by the District Court Judge to hear and decide many routine Family Law Court matters. Typically, magistrates hear requests for protection orders, temporary orders in domestic relations cases, motions for contempt and motions to modify permanent orders, including child support, maintenance, parenting time or visitation and legal custody or decision-making orders. Appeals of the magistrate’s order are governed by Rule 7 of the Colorado Rules for Magistrates. An appeal of the magistrate’s order is made by filing a Petition for Review of the order with the Colorado District Court Judge. The petition must be filed in domestic relations or family law cases within 14 days after a written, signed, dated, final order is entered by the magistrate, if the parties were present at the time the order was entered, or within 21 days if the order was mailed or otherwise sent to the parties.
District Court Judge: District Court Judges are initially appointed by the Governor for two years and then continued or retained in office by voters for six year terms. Judges review the decisions of magistrates and conduct all final or contested family law hearings. Decisions made by judges are appealed to the Colorado Court of Appeals. The appeal must be filed within 49 days after entry of the final order or judgment of the District Court Judge.
Court of Appeals: Appointments to the Colorado Court of Appeals are made by the Governor. Upon appointment, the judge serves a provisional term of two years and may thereafter be continued in office for additional eight year terms by the voters during general elections. Judges of the Court of Appeals sit in panels or divisions of three to hear and decide appeals from the District Court. The function of the Court of Appeals is generally that of an “error-correcting” court. Decisions made by the Court of Appeals may be further reviewed by the Supreme Court. The Colorado Court of Appeals was established by the legislature in 1969 and is comprised of twenty-two judges.
Supreme Court: Justices of the Colorado Supreme Court are initially appointed by the Governor for two year provisional terms and then retained in office by the voters for additional ten year terms. The Supreme Court exercises supervisory and appellate jurisdiction over all Colorado courts. Review by the Colorado Supreme Court is typically obtained by filing a petition for writ of certiorari. Whether the Supreme Court hears the petition is a matter of discretion. The Supreme Court’s function is usually that of a “policy-making” court.
The information provided above is general in nature, is not intended as legal advice for your particular situation and should not be relied upon without first consulting with legal counsel. Martin Law Firm provides legal representation in divorce and family law matters in the Denver Colorado metro area and will tailor its services to your particular needs and unique circumstances.