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…" GO BACK Contact a Los Angeles Domestic Violence Attorney at Law Offices of Warren R. Shiell Please call to make an appointment 310.247.9913 © 2020 Warren R. Shiell. All rights reserved. Warren R Shiell is a Los Angeles Divorce and Family Law attorney. The information contained in this website is an "Advertisement." It is for informational purposes only and shall not constitute legal advice. Nothing in this Website shall be deemed to create an Attorney-Client relationship. An Attorney-Client relationship shall only be created when this office agrees to represent a Client and a Client signs a written retainer agreement. return to top of page < HOME |
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