Family Law Questions? Ask a Family Lawyer Online.
Hello and thank you for your question.
You could file a motion (http://www.courtinfo.ca.gov/forms/fillable/fl301.pdf) with an applicaiton for order (http://www.courtinfo.ca.gov/forms/fillable/fl310.pdf) and since you won the restraining order, you can request that the court order that your ex pays for your attorney's fees. I would check to see that your attorney had originally requested for the attorney's fees in the original restraining order. If not, you may need to amend your restraining order and ask for attorney's fees in the restraining order form. If he had requested in the original restraining order and the Judge did not order on this issue, then you could file the motion via the above forms, and have him reimburse you for your attorney's fees. You do need to file an Income and Expense declaration (http://www.courtinfo.ca.gov/forms/fillable/fl150pdf) with your motion.
Best wishes here,
Hello and thank you for your follow-up question.
I would look at the original restraining order to see if the attorney checked the box that states that your ex pays your attorney's fees if you prevail. If it is checked and the Judge did not rule on it, then file your motion.
But if it was not checked, then you would still have to amend the original restraining order, because the court would not have jurisdiction over this issue if your ex was not given notice of it. You can amend a restraining order after it is granted if you want to add new issues for the court to decide. Technically you should be granted attorney's fees since you prevailed--but the real question here is whether he was given notice--if not, then you need to amend. If yes, then file your motion and the other documents described above.