Stockton, CA asked in Family Law and Domestic Violence for California

Q: attorney fee paid by the respondent ?

We got our restraining order and judge granted and on the form we had asked that attorney fee paid by the other respondent.

How could we get the respondent pay the attorney fees? we had a trial and now we have to pay for extra fee.

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

unless there is a contract provision that calls for that to happen, it is hard to accomplish ...absent an exception.

Mike Darlington
Mike Darlington
Answered
  • Domestic Violence Lawyer
  • Shingletown, CA
  • Licensed in California

A: Actually, the statutes that provide for restraining orders (civil harassment and domestic violence) provide a provision for the payment of attorneys fees. From your question it does not appear this is a contract action which the prior answer deals with.

If properly plead the court can grant your request for attorney's fees if it deems them appropriate. Since you are asking for attorney's fee I would assume you have an attorney. That attorney should have properly asked for fees either initially or before the trial; and then argued the issue with the judge. That was your chance to get a collectable order. If it wasn't taken up at the time of trial you have probably lost your chance to get them.

This is really an issue you need to discuss with your attorney.

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