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Legal fees for winning the Domestic Voilence case

Los Angeles, CA |

My wife filed false DV cases against me and left me bankrupt with legal fees. She filed several false police complaints in vengence after divorce papers were served. She says she doesn't have money for her legal fees and quit her job shamelessly asking for spousal support.

I was told I can file a request to ask for legal fees from her if I win DV cases. Is that true. Is she supposed to pay my attorney fees if court believes that the cases were false. All the police reports and DV cases were proved false.. she is just a jerk and mad woman.

Attorney Answers 2

Posted

A criminal defense attorney cannot take fees based on whether they win or not. Now, if you're talking about suing her for your damages (fees, etc.) in civil court, you can try that.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

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Posted

California Civil Code Section 1708.6 is the code section that gives purported victims of domestic abuse the right to sue civilly. There is a right to attorney fees in the statute, but it is only for the successful plaintiff. It is not a mutual fee entitlement. As the successful defendant you are not entitled to fee under that section.

However, California Family Code section 6344 provides that where there has been a request for protective order related to domestic violence brought under the Family Code provisions, "after notice and a hearing, the court may issue an order for the payment of attorney's fees and costs of the prevailing party." Therefore, if that is the basis sought for the action by your ex, you need to bring a motion seeking payment of your fees and costs as the prevailing party.

Good luck to you.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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