Ati Harasment

Thuong-Tri Nguyen

Under the American Rule, each party in a legal action is generally responsible for its own costs unless otherwise provided for by statute or contract. Thus, win or lose, each party generally would pay its own costs. The exceptions include antidiscrimination laws that provides that the losing discriminating party would pay costs for the winning party, family law proceedings (including domestic violence proceedings), and consumer protection act. Many contracts also provide that the losing party pays the winning party's costs.

The court has inherent powers to impose sanctions against a party that abuses the legal process. The court also has powers under Civil Rule 11: "If a pleading, motion, or legal memorandum is signed in violation of this rule, the court, upon motion or upon its own initiative, may impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or legal memorandum, including a reasonable attorney fee."

If you read further down on RCW 26.50.060, you would find "(4) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence ...." Thus, if the court finds the original petitioner is the abuser, the court may order the petitioner to pay attorney's fees for the original respondent.