Q: Under Hawaii law 607-14.5 Attorney fees and costs in civil actions, doesn't it involves domestic violence or injury?
In a TRO case the judge prior to the hearing began, stated that if I lost, than I would have to pay for the opposing attorney's fees. In our case there were no domestic violence and or personal injury, or hardship by lost of work, within the parties involved. There were no evidence shown beyond a shadow of a doubt, to warrant my having to pay opposing lawyer. Therefore can a judge order for someone to pay for the opposing attorney's fees, without just cause?
A:
Actually, the prevailing party in a TRO hearing may file a non-hearing motion for attorney’s fees and costs. That means there is no hearing, but you may file a written response if you object to paying the other side’s legal bill. The judge probably warned the parties of this in her or his opening comments. That is proper, but again, the prevailing (winning) party has to file a motion for the judge to consider, and the attorney’s fees and costs must be reasonable.
I have responded to motions for attorney’s fees and cost, post hearing, and had the court deny them, and filed them when my client prevailed, and succeeded in collecting. Feel free to reach out to me should you need further assistance.
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