How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38801
Experience:  Retired (mostly)
10097515
Type Your Family Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Below is my statement of Errors per Pa.R.A.P 1925 requested

Customer Question

Below is my statement of Errors per Pa.R.A.P 1925 requested by the Trial Court Judge in regards ***** ***** Protection from Abuse Appeal. Is there anything missing? Does the format seem acceptable? AND NOW, APPELLANT,respectfully ***** ***** Statement of Errors
as ordered by Judge: 1. As this is a civil case and to the Appellant’s knowledge no opinion has been written by Judge explaining the basis for his decision, the Appellant has identified the errors in only general terms. 2. The term ‘discretion’ imports the
exercise of judgment, wisdom and skill so as to reach a dispassionate conclusion, with the framework of the law, and is not exercised for the purpose of giving effect to the will of the judge. Discretion must be exercised on the foundation of reason, as opposed
to prejudice, personal motivations, caprice or arbitrary actions. Discretion is abused when the course pursued represents not merely an error of judgment, but where judgment is manifestly unreasonable or where the law is not applied or where the record shows
that the action is a result of partiality, prejudice, bias or ill will. 3. An Abuse of Discretion was committed by Judge as no case was made that the Appellant’s Daughter had ever been the victim of Abuse by the Appellant. 4. An Abuse of Discretion was committed
by Judge as the false allegation that the Appellant’s Daughter had been the victim of abuse by the Appellant had last occurred on November 1, 2008. Yet in spite of the fact that the Appellant had under false pretenses agreed to submit to a voluntary Protection
from Abuse Order on January 11, 2013, Judge ordered the Appellant be subject to a Protection from Abuse Order for three more years, lasting until September 10, 2018, in spite of the fact that the Appellant has never been found to be in violation of any Protection
from Abuse Order at any time. 5. An Abuse of Discretion was committed by Judge as the Appellant was not shown to have committed any instance of alleged abuse against the Appellant’s ex-wife since November 1, 2008. Yet in spite of the fact that the Appellant
had under false pretenses agreed to submit to a voluntary Protection from Abuse Order in January 11, 2013, Judge ordered the Appellant be subject to a Protection from Abuse Order for three more years, in spite of the fact that the Appellant has never been
found to be in violation of any Protection from Abuse Order at any time. 6. Judge refused to allow the questioning and sworn testimony of a witness called by the Appellant. It should be noted that the witness called by the Appellant had leveled extremely damaging
and false felony allegations against the Appellant. Judge was aware of the felony allegations, yet refused to allow the Appellant to clearly prove beyond any doubt that the said felony allegations were indeed completely false by refusing to allow the questioning
and sworn testimony of the witness. Respectfully submitted,
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.

Hello,

The format is fine, however, there is an absence of references to evidence in the court record, which proves the abuse of discretion claims. There is also an absence of case law citations to show that the abuse of discretion standard is the proper standard to be used in trying to reverse the judge's decisions on the merits of the various issues complained about. The absence of references to the record can be excused if you don't have those references, due to the transcripts not yet being prepared. The absence of case law can sink your appeal, because that's one of the items that the Superior Court clerk will be looking for to show that your appeal is well founded.

Your goal is to inform the Superior Court as to the fact that you have raised the issues and evidence at trial, so as to perfect your record for appeal.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Related Family Law Questions