We are invariably asked if, after the hearing, whether we can recover your attorneys fees. The law says yes, but only if you win.
Yes, it is possible to be awarded attorney's fees and costs after winning a California civil harassment restraining order. Under California law, a prevailing party in a civil harassment case may be entitled to recover reasonable attorney's fees and costs incurred in connection with the case.
In order to be awarded attorney's fees and costs, the prevailing party must make a motion to the court requesting such an award. The court will consider a variety of factors, including the relative financial resources of the parties, the reasonableness of the fees and costs, and the extent to which the prevailing party was successful in the case.
It's important to note that attorney's fees and costs are not automatically awarded in civil harassment cases. The decision to award fees and costs is at the discretion of the court, and the prevailing party must make a strong case for why such an award is justified.
In California, when considering whether to award attorney's fees and costs in a civil harassment restraining order case, the court will consider a variety of factors. These may include:
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The relative financial resources of each party. The court may consider the income and assets of each party, as well as their ability to pay attorney's fees and costs.
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The extent to which each party was successful in the case. The court may consider which party prevailed on the most significant issues in the case and whether the prevailing party achieved a complete victory.
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The reasonableness of the fees and costs. The court may consider whether the fees and costs charged by the prevailing party's attorney were reasonable and necessary.
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The conduct of the parties during the case. The court may consider whether either party engaged in bad faith conduct, such as making frivolous or harassing claims.
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Any other relevant factors. The court has broad discretion in determining whether to award attorney's fees and costs and may consider any other factors that it deems relevant to the case.
Ultimately, the decision to award attorney's fees and costs is within the discretion of the court, and the court will consider all relevant factors in making its decision.
In California, when considering whether to award attorney's fees after a domestic violence restraining order, the court will look at a number of factors. These may include:
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The financial resources of each party. The court will consider the income and assets of each party, as well as their ability to pay attorney's fees.
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The relative success of each party in the case. The court may consider which party prevailed on the most significant issues in the case, as well as whether the prevailing party achieved a complete victory.
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The reasonableness of the fees charged by the attorney. The court will consider whether the fees charged by the prevailing party's attorney were reasonable and necessary.
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The conduct of the parties during the case. The court may consider whether either party engaged in bad faith conduct, such as making frivolous or harassing claims.
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Whether the award of attorney's fees is necessary to enable the prevailing party to litigate the case effectively. The court may consider whether the prevailing party would be able to afford attorney's fees without an award, and whether such an award is necessary to ensure a fair and just outcome in the case.
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Any other factors that the court deems relevant to the case. The court has broad discretion in determining whether to award attorney's fees, and may consider any other factors that it deems relevant to the case.
Ultimately, the decision to award attorney's fees is within the discretion of the court, and the court will consider all relevant factors in making its decision.
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