Attorney fees and costs may be awarded after a domestic violence restraining order hearing. The rules differ depending on whether the requesting party is the prevailing petitioner or the prevailing respondent, and the court must evaluate the proposed payer’s ability to pay.

A Prevailing Petitioner May Request Fees

After a noticed hearing, the court must award attorney fees and costs requested by a prevailing petitioner when the legal requirements are satisfied. The award can help prevent financial inequality from making protective relief inaccessible.

The petitioner should document the services performed, amounts charged, costs incurred, and financial circumstances of the parties.

A Prevailing Respondent Faces a Higher Standard

A prevailing respondent does not receive fees merely because the restraining-order request was denied. The respondent must show that the petition was frivolous or filed solely to abuse, intimidate, or cause unnecessary delay.

This higher threshold protects legitimate access to restraining-order proceedings while allowing relief in cases involving proven misuse of the process.

Ability to Pay Must Be Evaluated

Before ordering either party to pay fees, the court must determine that the proposed payer has, or is reasonably likely to have, the ability to pay. A fee award should therefore be supported by current financial evidence.

Income information, assets, debts, expenses, and access to funds may all be relevant. Prevailing does not eliminate the required financial analysis.

The Request May Be Made After the DVRO Hearing

A party does not necessarily lose the right to request fees by failing to include the request in the original restraining-order papers or raise it before the evidentiary hearing. A later written request may still be considered.

The responding party must receive appropriate notice and an opportunity to address the requested amount, entitlement, and ability to pay.

A California DVRO attorney can document recoverable fees, address the applicable prevailing-party standard, and present or oppose the request with complete financial evidence.