Case Summaries: Attorney Fees
Liebold v. Hiddens
Liebold v. Hiddens, 2007-Ohio-2972 (2nd App. Dist., Montgomery, 6/8/07) (Consent Agreement in stalking CPO case enforceable despite respondents subsequent claim that petitioners allegations in petition and at ex parte hearing were false).
Keywords: "stalking civil protection order" "civil stalking protection order" "CSPO" "SCPO"
Date: 5/30/2008
Bad Faith Filing
Attorney fees may be awarded against a party who fires a domestic violence complaint in bad faith. M.W v. R.L., 286 N.J. Super. A.D., 1/17/95).
Keywords: frivolous
Date: 4/23/2002
Police Department Did Not Act In Bad Faith
The court did not err in denying the request for attorney fees in the replevin action (the police department confiscated handguns, shotguns and rifles from his home, pursuant to a temporary protection order issued in connection with DV). Pursuant to the temporary protection order, the police were not permitted to return the defendants property until further court order, and it was the defendants responsibility to seek a court order for the return of his property. The fact that the temporary protection order was dissolved is of no consequence. Golden v. Bay Village Police Department, Case No. 79379, 2002 Ohio App. LEXIS 697 (Cuyahoga 2/21/02).
Keywords: frivolous, bad faith, property
Date: 4/17/2002
Attorney Fees Awarded To Legal Services
A trial court may assess reasonable attorney fees against the responding party in a family protection order case, even though the party seeking relief was represented without charges by a legal services agency. The purposes of fee awards are to encourage victims of domestic abuse, who are often financially dependent on their abusers, to take advantage of the protections of the law, and to provide a financial disincentive to the abuser to deter further abuse. These goals are served equally well whether an award is made to reimburse paid counsel or free counsel. Public policy reasons from other states are cited to authorize attorney fee awards to prevailing parties, even though they were represented without charge, by paying the fees to the legal services agency. Krassnoski v. Rosey, 454 Pa.S. 78, 684 A.2d 635 (Pa. Super. 1996).
Keywords:
Date: 4/17/2002
