Family Law: Husband Properly Assessed DVPA Mandatory Fees Because Of Wife’s Financial Disparity

Wife Prevailed In Obtaining Certain DVRO Orders Which Justified Mandatory Fees.

            In In re Marriage of Karen & Jason H., Case No. E068153 (4th Dist., Div. 2 Aug. 21, 2019) (unpublished), among other things, wife was awarded some attorney’s fees (all in all, totaling $275,000) against husband.  However, some related to her winning domestic violence orders along the way, including personal-conduct and stay-away orders as well as a stipulated restraining order.  That was a sufficient basis under the Domestic Violence Prevention Act (DVPA), which has a mandatory fee-shifting clause in favor of a prevailing party like wife here who could not afford the fees based on the relative financial positions of the two sides.  (Fam. Code, § 6344(b).) 

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