Who Pays Legal Fees in California Restraining Order Cases?

Worried About Legal Fees? Here’s What You Should Know

If you’re involved in a restraining order case in California, you may be wondering: who pays the legal fees? The answer is not always straightforward and depends on the unique circumstances of the case.

In this post, we’ll discuss how motions for attorney’s fees work in restraining order matters.

Types of Restraining Orders in California

First, let’s review the four main types of restraining orders in California:

1. Domestic Violence Restraining Orders
2. Civil Harassment Restraining Orders
3. Elder or Dependent Adult Abuse Restraining Orders
4. Workplace Violence Restraining Orders

These orders can be sought when someone is harassing, abusing, or otherwise disturbing your peace. If you hire an attorney to represent you in a restraining order matter, you may be able to recover your legal fees if you prevail.

Motions for Attorney’s Fees After Prevailing

California law allows the prevailing party in a restraining order case to request that the losing party pay their attorney’s fees. However, being awarded attorney’s fees is not automatic – you must file a motion with the court asking for them.

When deciding whether to grant attorney’s fees, the court will consider several factors:

• The reasonableness of the fees requested
• The financial resources of each party
• The conduct of the parties during litigation

If the court finds the losing party acted in bad faith, such as deliberately delaying proceedings or wasting judicial resources, that can weigh in favor of awarding fees to the prevailing party.

Determining Who Pays Legal Fees

So who ultimately pays the legal fees in a restraining order case? It depends on the outcome and the court’s discretion:

• If you are the prevailing party and the court grants your motion, the losing party will have to pay your reasonable attorney’s fees.
• If you are the losing party and the court grants the other side’s motion, you may be on the hook for their legal fees.
• If no motion for fees is filed or the court denies the motion, each side typically pays their own attorney’s fees.

The specific dollar amount awarded can vary widely based on the complexity of the case, the hours expended by the attorneys, and the court’s assessment of reasonableness.

Consult With a California Restraining Order Attorney

Restraining order cases can be stressful, especially when legal fees are involved. If you have questions about who pays attorney’s fees in your situation, it’s best to consult with an experienced restraining order attorney.

At The Nieves Law Firm, we can assess your case, explain your options, and advocate for your rights in seeking or opposing attorney’s fees. For a confidential consultation, give us a call today. We’re here to provide the guidance you need.