In some instances, you may be able to recover attorney fees if you are the prevailing party in a restraining order case. For this to happen, however, a judge must grant attorney fees and costs related to the restraining order. While it is not guaranteed in every case, we have been successful in our pursuit of attorney fees for a number of clients.
For example, if you are a respondent in a restraining order and the judge found that your conduct did not warrant a restraining order, they can require the petitioner to cover your costs. On the other hand, if you filed a restraining order out of necessity due to the situation you were in, the judge may order the other party pay your attorney fees because you prevailed as the protected party. Attorneys fees decisions are often based on whether there was bad faith in the filing of the action, the ability to pay, the prolongation of the matter, the novelty of the subject, and the reasonableness of the fees.