$72,660 Fee Award Against Husband Reversed On Appeal.
In Saldana v. Noh, Case No. A143491 (1st Dist., Div. 2 Nov. 14, 2016) (unpublished), wife moved to recover fees against husband under Family Code section 6344, which allows a prevailing party in a Domestic Violence Prevention Act (DVPA) proceeding to recoup fees. However, the lower court awarded $72,660 to wife instead under Family Code sections 2030/2032 “needs based” statutes. The fee award against husband was reversed on appeal.
Under the circumstances, the fee award was an abuse of discretion. Although financial resources have to be considered under both statutes, the DVPA statute requires a prevailing party determination and an award of fees in a DVPA proceeding—different elements than those considered in 2030/2032 needs-based awards. These differences required a reversal and remand to gauge the situation under DVPA.