Family Law: $33,500 Family Code Section 6344 Fee Award Was Properly Imposed

Due Process Was Provided, And Ability To Pay Did Not Need To Be Considered.

            In Khuwaja v. Ladak, Case No. B306355 (2d Dist., Div. 2 Mar. 15, 2022) (unpublished), a litigant was hit with a $33,500 fee award under Family Code section 6344(a), which allows a discretionary award of fees and costs to a prevailing party in a petition for a domestic violence restraining order (DVRO).  The other side appealed based on due process and ability to pay grounds.  The appellate court affirmed.  The fee request was set for a noticed hearing, and the aggrieved party opposed, so no due process problem existed.  Section 6344(a), unlike subdivision (b), does not contain any ability to pay consideration, only that the litigant prevail—even though the trial court has discretion to grant in the first instance.  Ability to pay was not a factor here, even though it was not properly raised in the opposition anyway.