Family Code Section 6344 Authorizes the Award; Trial Court Did Not Err In Failing to Allocate the Award Between Costs and Fees.
Stephens v. Lane, Case No. H032719 (6th Dist. Feb. 26, 2009) (unpublished) involved a wife who obtained an award for $15,000 in attorney’s fees and costs associated with winning a restraining order action against her husband. (She had requested a total award of $16,207.85) He appealed and did not prevail.
Family Code section 6344 authorizes an award of fees and costs to the prevailing party in an action for a restraining order. Nothing required that the family law judge allocate its award between cost and fee categories, as husband advocated on appeal. Beyond that, the lower court did consider income and expense declarations by both parties, deciding that husband did have the ability to pay the award. No abuse of discretion was shown.