Recovering Attorney Fees After Defeating a Restraining Order in California

Quick answer: Yes, a respondent who defeats a civil harassment restraining order in California can ask the court to order the petitioner to pay their attorney fees and court costs. Code of Civil Procedure § 527.6(s) provides that “the prevailing party” may be awarded court costs and attorney fees. The award is discretionary, but the California Court of Appeal held in Krug v. Maschmeier (2009) 172 Cal.App.4th 796 that a prevailing respondent does not have to prove the petition was frivolous or filed in bad faith. The rules are different for other restraining orders. Elder abuse orders have a similar prevailing-party provision (Welf. & Inst. Code § 15657.03(t)). Domestic violence respondents can recover fees only if they prove the petition was frivolous or solely intended to abuse, intimidate, or cause unnecessary delay (Fam. Code § 6344(b)). The workplace violence statute contains no fee-shifting provision.

Key Takeaways

• Civil harassment is the most fee-friendly restraining order type for respondents. Fees can be awarded to whichever side prevails, without a bad-faith requirement.
• Even a petitioner’s voluntary dismissal can make the respondent the “prevailing party,” depending on the circumstances (Adler v. Vaicius (1993) 21 Cal.App.4th 1770).
• Domestic violence respondents face a much higher bar under Family Code § 6344(b), and the court must consider the petitioner’s ability to pay.
• Fee requests must be supported by reviewable billing records and filed on time. Inflated or poorly documented requests are routinely reduced.
• Self-represented respondents generally cannot recover “attorney fees,” but they may recover court costs.
• An anti-SLAPP motion may be available against some civil harassment petitions that target protected speech or petitioning activity, and a successful anti-SLAPP motion carries a mandatory fee award.

Fee Recovery by Restraining Order Type

Civil Harassment Restraining Orders: Code of Civil Procedure § 527.6(s)

What the Statute Says

Section 527.6(s) states that the prevailing party in an action brought under the civil harassment statute may be awarded court costs and attorney fees, if any. The language is neutral. It does not favor petitioners over respondents, and it does not limit fees to frivolous cases.

Krug v. Maschmeier: No Bad Faith Requirement

In Krug v. Maschmeier (2009) 172 Cal.App.4th 796, the petitioner argued that a prevailing respondent should only recover fees if the petition was frivolous or brought in bad faith. The Court of Appeal disagreed. It held that the statute gives prevailing petitioners and respondents an equal opportunity to recover fees, that the decision is committed to the trial court’s discretion, and that nothing in the statute imposes a bad-faith limitation on respondents. The court affirmed a fee award to the prevailing respondent. Earlier comments in Siam v. Kizilbash (2005) 130 Cal.App.4th 1563 suggesting fees served as a sanction for frivolous petitions were treated as dicta.

Discretion Means the Court Can Say No, or Reduce

Because the award is discretionary, the trial judge may deny fees entirely or award less than requested. Factors courts commonly weigh include:

• How clearly the respondent prevailed.
• The petitioner’s conduct in bringing and litigating the case.
• Whether the fees requested are reasonable for a restraining order proceeding.
• Whether the billing records are detailed and reviewable.
• Whether the litigation was prolonged unnecessarily, and by whom.

Who Is the “Prevailing Party”?

The prevailing party is not always obvious. Common scenarios:

• Petition denied after a contested hearing. The respondent is ordinarily the prevailing party.
• Petition granted in full. The petitioner is ordinarily the prevailing party.
• Petition granted in part, for example with narrower terms or a shorter duration than requested. The court evaluates who prevailed on a practical level and may find there is no prevailing party.
• Voluntary dismissal by the petitioner. In Adler v. Vaicius (1993) 21 Cal.App.4th 1770, a civil harassment case, the Court of Appeal held that when a petitioner voluntarily dismisses, the trial court should determine the prevailing party on a practical level, considering the extent to which each party realized its litigation objectives. A petitioner who files, obtains a temporary order, forces the respondent to hire counsel and prepare, and then dismisses on the eve of the hearing may be found to have lost.
• Stipulated resolution. Agreements often address fees expressly. If an agreement is silent, a later fee dispute is likely. Any stipulation should state whether each side bears its own fees.
• Dueling petitions. When both parties file, outcomes may differ on each petition, and the fee analysis may be done petition by petition.

Domestic Violence Restraining Orders: Family Code § 6344

Domestic violence cases use a deliberately different rule. Under Family Code § 6344:

• Prevailing petitioner: after notice and a hearing, the court shall order payment of attorney fees and costs, subject to the paying party’s ability to pay.
• Prevailing respondent: the court may award fees only if the respondent establishes by a preponderance of the evidence that the petition or request was frivolous or solely intended to abuse, intimidate, or cause unnecessary delay.
• Ability to pay: before any award, the court must determine under Family Code § 270 that the party ordered to pay has, or is reasonably likely to have, the ability to pay.

Evidence that can support a § 6344(b) request includes proof that the allegations were fabricated, recorded admissions of an ulterior motive, filings timed to a custody or divorce deadline, repeated meritless filings, or a dismissal immediately after obtaining a temporary move-out or custody advantage. Separately, in family law proceedings, Family Code § 271 permits sanctions against a party whose conduct frustrates settlement and increases litigation costs. That can be an additional avenue in related divorce or custody litigation.

Elder and Dependent Adult Abuse Restraining Orders

Welfare and Institutions Code § 15657.03(t) mirrors the civil harassment provision. The prevailing party may be awarded court costs and attorney fees. Elder abuse petitions often arise from family disputes over care, finances, or property, so fee exposure can be significant on both sides. Respondents in elder abuse cases should treat fees as a live issue from the start.

Workplace Violence and Gun Violence Orders

The workplace violence statute, Code of Civil Procedure § 527.8, contains no prevailing-party fee provision. A respondent who defeats a workplace violence petition, which is typically brought by an employer or a collective bargaining representative, generally needs another legal basis to recover fees. Examples include sanctions for bad-faith tactics under Code of Civil Procedure § 128.5, or rights under an employment agreement. Gun violence restraining order statutes likewise do not contain a general prevailing-party fee provision.

Other Routes to Fees and Costs

Court Costs Under Code of Civil Procedure § 1032

Separate from attorney fees, a prevailing party in a civil action is generally entitled to recoverable costs, such as filing fees, service costs, and certain transcript costs. Costs are claimed by filing a memorandum of costs, typically on form MC-010, within the time allowed by California Rules of Court, rule 3.1700.

Anti-SLAPP Motions Against Civil Harassment Petitions

California’s anti-SLAPP statute, Code of Civil Procedure § 425.16, allows a respondent to move to strike claims arising from protected speech or petitioning activity. In Thomas v. Quintero (2005) 126 Cal.App.4th 635, the Court of Appeal held that the anti-SLAPP statute can apply to civil harassment petitions. A respondent who prevails on an anti-SLAPP motion is entitled to a mandatory fee award under § 425.16(c). The timing and strategy are technical, so this route should be evaluated at the outset of the case. It is not available for every petition.

Sanctions for Bad-Faith Tactics

Code of Civil Procedure § 128.5 permits sanctions, including reasonable expenses and attorney fees, for bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. Sanctions require a noticed motion and specific findings.

Fees on Appeal

When a statute authorizes fees to a prevailing party, fees incurred on a successful appeal are generally recoverable as well, unless the statute provides otherwise. A respondent who wins the appeal of a civil harassment order may be able to seek appellate fees under § 527.6(s).

How to Request Attorney Fees After Winning

1. Preserve the request early. Raise fees in your written response and at the hearing, so the issue is before the court from the start.
2. Track time from day one. Contemporaneous, itemized billing records are the foundation of a fee award. Vague block billing and heavy redactions invite reductions.
3. Obtain the order and notice of entry. The fee motion deadline is generally tied to the deadline for a notice of appeal.
4. File a noticed motion. Under California Rules of Court, rule 3.1702, a motion for statutory attorney fees for work in the trial court generally must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108. That is often 60 days after service of notice of entry of the order, and no more than 180 days after entry. Confirm the deadline for your case.
5. Support the motion. Include a declaration from counsel describing qualifications, hourly rate, and the work performed, with billing records attached. Courts often use the lodestar method (reasonable hours multiplied by a reasonable rate) as a starting point.
6. File a memorandum of costs for recoverable costs, on its own deadline.
7. Prepare for opposition. The petitioner may dispute prevailing-party status, the reasonableness of the hours, or the rate.
8. Collect. A fee award is a money judgment. If the petitioner does not pay, enforcement tools include wage garnishment, bank levies, and liens.

What Makes a Fee Request Succeed or Fail

Practical Considerations Before Pursuing Fees

• Collectability: an award against a petitioner with no assets may be difficult to collect.
• Escalation: a fee motion can extend a dispute you may prefer to end. Weigh that against the deterrent value of holding a petitioner accountable for a meritless filing.
• Settlement leverage: the possibility of a fee award can encourage a petitioner to dismiss a weak petition, or to agree that each side bears its own fees.
• Insurance and employer coverage: in some workplace disputes, fees may be covered by an employer or insurer. That can affect the analysis.

How Fee Recovery Plays Out in Common Civil Harassment Disputes

Neighbor Disputes

Neighbor petitions frequently grow out of property lines, parking, noise, trees, pets, or security cameras. Many involve conduct that is irritating but lawful, or that serves a legitimate purpose, such as reporting a code violation or maintaining one’s own property. When a judge finds the conduct did not meet the statutory definition of harassment, the respondent’s fee request is often strongest. See neighbor restraining order defense.

Online Speech, Reviews, and Social Media

Petitions aimed at posts, reviews, or public criticism raise the “constitutionally protected activity” exclusion and, in some cases, an anti-SLAPP motion. These are the scenarios where mandatory fees under Code of Civil Procedure § 425.16(c) are most likely to be in play. See social media restraining orders.

Homeowners Associations and Landlord-Tenant Conflicts

Petitions filed during HOA governance fights, evictions, or rent disputes may be evaluated as leverage in a separate dispute. Evidence of that motive is relevant both to defeating the petition and to the court’s discretion on fees.

Former Friends, Extended Family, and Coworkers

Relationship-driven petitions often involve mutual conduct. When both sides contributed to the conflict, courts may decline fees even to the side that prevails. A respondent’s own restraint and compliance with the temporary order help the fee analysis.

Fee Documentation Checklist for Respondents

• A signed fee agreement stating the hourly rate or flat fee.
• Contemporaneous time entries showing date, task, and time, with tasks described specifically (“drafted CH-120 declaration responding to allegations 1–6”) rather than vaguely (“case work”).
• Invoices and proof of payment.
• Receipts for filing, service, transcript, and copying costs.
• A record of continuances, late filings, or other delays caused by the petitioner.
• Copies of any settlement offers or requests to dismiss that the petitioner rejected.
• The filed order denying the petition, or the dismissal, and the notice of entry.

Flat-fee arrangements are common in restraining order defense. When fees are paid as a flat fee, the fee motion should explain the work performed and the reasonableness of the fee for that work, since there may be no hourly records to rely on. Keeping a task log even under a flat fee makes a later fee request much stronger.

A Typical Fee Timeline After a Civil Harassment Win

1. Hearing day: the court denies the petition. Counsel notes on the record that the respondent will seek fees and costs under § 527.6(s).
2. Days 1–10: the order is prepared, and notice of entry is served.
3. Within 15 days of notice of entry: the memorandum of costs is filed (rule 3.1700).
4. Within the appeal period: the noticed motion for attorney fees is filed with a supporting declaration and billing records (rule 3.1702).
5. Approximately 16 or more court days later: the fee motion is heard. The court rules on prevailing-party status and the amount.
6. After the ruling: the order is entered, and collection begins if the petitioner does not pay voluntarily.

Deadlines can shift based on how and when notice of entry is served, and on whether an appeal is filed. Calendar each one carefully.

Can a Petitioner Get Fees From You?

Yes. Fee shifting works both ways in civil harassment and elder abuse cases, and prevailing domestic violence petitioners are presumptively entitled to fees subject to ability to pay. This is part of the risk every respondent should understand when deciding whether to contest a petition, agree to terms, or seek a stipulated dismissal. A well-prepared defense reduces that risk. Learn how to respond to a restraining order and fight it at the hearing.

Frequently Asked Questions

Can I get attorney fees if I win a civil harassment restraining order case?

Yes, you may. Code of Civil Procedure § 527.6(s) allows the court to award attorney fees and court costs to the prevailing party, including a respondent. The award is discretionary.

Do I have to prove the petition was frivolous to get fees?

Not in a civil harassment case. Krug v. Maschmeier (2009) 172 Cal.App.4th 796 held that a prevailing respondent need not show bad faith or frivolousness. In a domestic violence case, you do have to prove the petition was frivolous or solely intended to abuse, intimidate, or cause unnecessary delay.

What if the petitioner dismissed the case before the hearing?

You may still be the prevailing party. Under Adler v. Vaicius (1993) 21 Cal.App.4th 1770, the court looks at who prevailed on a practical level, considering each side’s litigation objectives.

Can I recover fees in a domestic violence restraining order case?

Only in limited circumstances. Family Code § 6344(b) requires proof by a preponderance of the evidence that the petition was frivolous or solely intended to abuse, intimidate, or cause unnecessary delay, and the court must find the petitioner has the ability to pay.

Can I recover fees in a workplace violence restraining order case?

The workplace violence statute has no prevailing-party fee provision, so fees generally require another legal basis, such as sanctions for bad-faith tactics.

How long do I have to file a motion for attorney fees?

Generally, within the time for filing a notice of appeal, often 60 days after service of notice of entry of the order and no more than 180 days after entry, under California Rules of Court, rule 3.1702. Confirm the deadline for your case.

How much in fees can I recover?

The court awards a reasonable amount, often starting from reasonable hours multiplied by a reasonable hourly rate, and may reduce fees that are excessive or poorly documented.

I represented myself. Can I get attorney fees?

Generally no. Self-represented litigants cannot recover attorney fees for their own time, but they may recover allowable court costs.

Can the petitioner make me pay their attorney fees?

Yes, if the petitioner prevails in a civil harassment or elder abuse case, the court may award them fees. In domestic violence cases, a prevailing petitioner is presumptively entitled to fees, subject to your ability to pay.

Can I get fees for winning an appeal?

Often yes, if the statute authorizes prevailing-party fees, as § 527.6(s) does for civil harassment cases.

What is an anti-SLAPP motion, and how does it relate to fees?

It is a motion to strike claims arising from protected speech or petitioning activity under Code of Civil Procedure § 425.16. Courts have held it can apply to civil harassment petitions (Thomas v. Quintero (2005) 126 Cal.App.4th 635), and a winning respondent is entitled to mandatory fees.

Legal Authorities Referenced

• Code of Civil Procedure §§ 128.5, 425.16, 527.6(s), 527.8, 1032
• Family Code §§ 270, 271, 6344
• Welfare and Institutions Code § 15657.03(t)
• California Rules of Court, rules 3.1700, 3.1702, 8.104, 8.108
• Krug v. Maschmeier (2009) 172 Cal.App.4th 796
• Adler v. Vaicius (1993) 21 Cal.App.4th 1770
• Siam v. Kizilbash (2005) 130 Cal.App.4th 1563
• Thomas v. Quintero (2005) 126 Cal.App.4th 635

Talk to a Restraining Order Defense Attorney

Power Trial Lawyers defends respondents in civil harassment, domestic violence, elder abuse, and workplace violence cases throughout Southern California, including neighbor disputes and social media cases, and evaluates fee recovery as part of every defense. Learn what restraining order defense costs, or contact the firm.

This page provides general information about attorney fee recovery in California restraining order cases. It is not legal advice, and reading it does not create an attorney-client relationship. Fee awards are discretionary and depend on the facts and procedural history of each case. Reviewed by Matthew Barhoma, Esq., Power Trial Lawyers. Last updated November 2026.