Civil harassment was dismissed, without prejudice. My attorney did not show the evidence I had, did not ask for fees & cost?

Asked over 2 years ago - Sacramento, CA

A civil harassment was dismissed against me, without prejudice (lack of cause). My attorney did not show the evidence I had (don’t know why), that other party was lying and setting me up, look like judge understood that(have the court transcript) my attorney did not ask for fees & cost? I can`t afford another attorney. I understand this case is open, how can I file for attorney fees & cost, how long do I have? what are the steps, one by one, I also like to show my audio and video of his lies to court. Thanks

Attorney answers (2)

  1. Isileli Tupou Manaia Mataele

    Contributor Level 19


    Lawyers agree

    Answered . Just because you won doesn't entitle you to attorney fees. Many times in civil cases because the party is not granted a civil restraining order doesn't mean the judge thinks the respondent/defendant acted properly or should be granted relief. It is not common they make an award of attorney fees for either party except in extreme cases. Also many "lies" are trivial and in California unauthorized recordings is subject to be excluded and can be punished by a $5000 fine.

    This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to... more
  2. Pamela Koslyn

    Contributor Level 20


    Lawyer agrees

    Answered . You've got a lawyer, so you should ask them if it's possible to get your fees and costs from the unsuccessful party.

    If the case was dismissed, it's not "open," and you have no need to bother with the audio, the video, and the lies. Your lawyer apparently didn't need your evidence to get the case dismissed, since the party bringing the claims is the one with the burden of proof, which apparently they didn't meet.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to... more

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