Nothing In Family Code Section 2030 Absolutely Prohibits A Trial Court From Awarding Interim Attorney Fees Where There Is Documented Evidence Of A History Of Domestic Abuse.
In Marriage of Sangha, Case No. D077062 (4th Dist., Div. 1 February 22, 2021) (unpublished), wife was not happy when the trial court awarded her husband – against whom she had a permanent restraining order and claims of domestic violence - $50,000 out of a requested $70,000 in § 2030 interim attorney fees.
On appeal, wife did not challenge the trial court’s determination of need or ability to pay, but argued that the trial court erred in excluding her evidence of domestic violence, and that evidence of past domestic violence prohibited the trial court from awarding fees to husband. The 4/1 DCA disagreed – affirming the award.
Nothing in § 2030 prohibits a trial court from exercising its broad discretion and awarding interim attorney fees where there is documented evidence of a history of domestic abuse. Substantial evidence concerning husband’s need and wife’s ability to pay supported the trial court’s determination that $50,000 in fees was warranted. Indeed, the trial court had admitted some domestic violence evidence – taking judicial notice of wife’s restraining order against husband. However, although considering evidence of domestic violence, the trial court gave it little weight in awarding the interim fees “to ensure each party has access to legal representation.” This was no abuse of discretion. And while the trial court found the domestic violence and restraining order had little impact on the needs-based fees request, it cautioned the parties that the evidence of domestic violence could play a greater role in later proceedings – such as a determination of spousal support.
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