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Family

Sep. 22, 2023

California family law levels the playing field for domestic violence survivors

Revised in 2023, Family Code 6344 allows a family court to order attorney’s fees in favor of the prevailing party in a domestic violence restraining order proceeding.

Isaac D’Amore Nieblas

Associate
McManis Faulkner

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Prior to this year, recovering attorney’s fees in a California civil suit was a challenge. Following the harrowing emotions of a Domestic Violence Restraining Order (DVRO) proceeding, attorney’s fees were simply the final hurdle of a hard-fought battle.

California follows the “American Rule” when it comes to attorney’s fees, meaning that both parties in a lawsuit are responsible for their own attorney’s bills, unless authorized by (1) a s...

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