Los Angeles Family Law Attorney | Domestic Violence and Attorney Fee and Costs Orders

Los Angeles Domestic Violence Attorney
Family Law and Spousal Abuse Lawyer

DOMESTIC VIOLENCE FAQ #11

11. Attorney Fee and Costs Orders

The court may issue an order for the payment of attorney fees and costs of the
prevailing party. Fam C §6344(a). This is within the court's discretion.

However, when the petitioner prevails and cannot afford to pay for the attorney
fees and costs, the court must, if appropriate based on the parties' respective
abilities to pay, order the respondent to pay petitioner's attorney fees and costs for
commencing and maintaining the proceeding. The court must make its
determination based on the respective incomes and needs of the parties, and any
factors affecting the parties' respective abilities to pay. Fam C §6344(b)

There is a strong argument that as a statutory rule of construction, Fam C §6344
(b) pre-empts the Court's inherant power to award fees under FC section 2030
based on need and ability. In other words if a spouse within a dissolution
proceeding applies for a DVPA restraining order and loses, she is not the
prevailing party, and is not entitled to any attorney fees in relation to the DVPA
application. Fam. C section 2030 only applies to "a proceeding for dissolution of
marriage, nullity of marriage, or legal separation of the parties, and in any
proceeding subsequent to entry of a related judgment." The Commentary to FC
6200 states that "these orders may be issued in a proceeding for dissolution…"

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