In his first article for the Daily Journal, associate Isaac D’Amore Nieblas discusses the recently revised California Family Code 6344, which levels the playing field for domestic violence survivors in recovering attorney’s fees. The law allows a Family Court to order attorney’s fees in favor of the prevailing party in a domestic violence restraining order proceeding.
Isaac states, “Under the amended law, a prevailing petitioner must receive an award of attorney’s fees and costs, so long as the court determines that the losing party has, or is reasonably likely to have, the ability to pay.” (emphasis added)
He concludes: “With this new law in its infancy, we may expect family lawyers to begin using Section 6344 more regularly to help recover attorney’s fees.”
To read the full article, visit the Daily Journal. (subscription required)