Q: Are we at risk paying for the defendant's attorney fees if we drop a case against them for Civil Harassment?
Our court case was placed under continuance (civil harassment restraining order). Our neighbors notified our landlord and put in their response to our filing that they will be moving on February 7th. Our new court date was moved to February 13th, which is after their move out date. If we wait to see if they actually move and then drop the case, will we be at risk for paying for their attorney fees?
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- California
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- Answered
A:
Under California law, the question of attorney fees in a civil harassment case can be somewhat complex. Generally, in civil cases, each party bears their own attorney fees unless there is a specific statute or contract that provides otherwise. In civil harassment cases, the court has the discretion to order a party to pay the attorney fees of the other party under certain circumstances.
If you decide to drop your civil harassment restraining order case, the risk of being ordered to pay the defendant's attorney fees depends on several factors. This includes the reasons for dropping the case and the specific circumstances surrounding it. For instance, if the case is perceived as having been filed without proper basis, the court might be more inclined to award attorney fees to the defendant.
However, if the situation has resolved itself, such as the defendants moving away as you mentioned, and you drop the case as a result, the court may view this as a reasonable resolution and might not order you to pay the defendant's attorney fees. It is also possible that the defendant might not seek such fees under these circumstances.
It's important to carefully consider the potential outcomes and consult with a legal expert in your area to evaluate the specifics of your situation. You should also review any relevant case law or statutes that might impact the decision on attorney fees in your particular case. This approach will help you make an informed decision about whether to proceed with or drop the case.
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