Uphold
To uphold means to leave a decision, ruling, or order in place after reviewing a challenge to it. When an appeals court upholds a trial court’s judgment, the formal term is affirm. The judgment stands rather than being reversed or changed.
In California Family Law
A spouse or parent may appeal a family court decision involving support, property division, or another issue that can be appealed. The appeals court reviews the claimed errors using the legal rules that apply to that issue.
For example, a spouse may appeal a spousal support order because they believe the judge made a legal mistake. If the appeals court finds no error that requires changing the order, it may uphold the order. The spouse’s disagreement with the amount is not enough by itself.
An appeal is generally a review of the existing court record. It is not a fresh opportunity to present witnesses and try the case again. Different standards apply to legal questions, factual findings, and decisions left to the trial judge’s discretion.
A decision can also be upheld in part and reversed in part. Read the appeals court’s actual decision to see which parts remain in place and whether further proceedings are required. The California Courts appeals guide explains how this review works.
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