Family Law: Ex-Husband’s Oral Request For Needs-Based Fees In DVRO Proceeding Was Properly Denied

No Evidence On Financial Need Was Presented, Although Appellate Court Noted A Split On Intermediate Appeal Thinking On Whether Needs-Based Fees Are Warranted In This Area.

               In Marriage of Etheridge, Case No. A167520 (1^st Dist., Div. 2 Apr. 30, 2024) (unpublished), ex-husband made an oral request for Family Code section 2030 needs-based fees in a domestic violence restraining order (DRVO) proceeding.  The fatal problem was that he failed to provide any financial evidence to support this request.  The trial court denied it, and the appellate court affirmed the ruling.

               Initially, the appellate court recognized that there is no consensus on whether the losing, restrained party in a domestic violence action is entitled to needs-based fees to the extent custody and visitation issues are involved (compare C.T. v. K.W., 71 Cal.App.5^th 679, 681, 686-687 (2021) [yes] with Durab Cody N. v. Olivera, 31 Cal.App.5^th 1134, 1144 (2019) [no]), but did not need to weigh in on this split based on the facts of record.  Although written requests for these types of fees are preferred, an oral request is acceptable.  However, ex-husband had the burden of proof to produce evidence of financial need.  (In re Marriage of Falcone & Fyke, 164 Cal.App.4^th 814, 823-824 (2008).)  Ex-husband presented no such evidence, so the request was properly denied.