Special Fee Shifting Statutes: Civil Harassment Fee-Shifting Statute Does Not Require A Determination Of Either Party’s Ability To Pay Before Awarding Fees

Compared To Other Statutes, Nothing In CCP § 527.6 Requires A Needs Assessment.

In States v. MacKrell, Case No. G065683 (4^th Dist., Div. 3 Mar. 9, 2026) (unpublished), after a lower court awarded $8,397.43 in attorney’s fees and costs for a request to extend a civil harassment restraining order against a litigant, the appellate court affirmed the award.  It also determined that CCP § 527.6, the civil harassment statute which does allow fees to the prevailing party, does not require the court to determine either party’s ability to pay before making an award.