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Hello, my ex fought a restraining order i had against him in

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oc calif.family court. i had...
Hello, my ex fought a restraining order i had against him in oc calif.family court. i had to hire an attorney for $3500.00. i won the case and told my attorney to request my ex to pay my attorney fees.i do not have this lawyer anymore, and i don't think he filed anything. how do i go about doing this myself? and is there a time limit to file? the order after hearing was filed sept 2008. it was at the Lamoraeux family court in orange county calif.   thank you
Submitted: 8 years ago.Category: Family Law
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Answered in 8 minutes by:
4/1/2009
Family Lawyer: AttorneyKaren, Family Law Attorney replied 8 years ago
AttorneyKaren
AttorneyKaren, Family Law Attorney
Category: Family Law
Satisfied Customers: 371
Experience: Over 14 years as a Family Law Attorney; Temporary Judge Award (2008)
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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,

AttorneyKaren

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Customer reply replied 8 years ago
i already had the restraining order for almost 6 months. my ex filed a motion to set aside my restraining order 6 months later. then we went to court and it was ruled that the restraining order stands. so i can't modify the restraining order because it was after the fact. so do i do the same things you mentioned above or is it different?
Family Lawyer: AttorneyKaren, Family Law Attorney replied 8 years ago

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.

Good luck,

AttorneyKaren

AttorneyKaren
AttorneyKaren, Family Law Attorney
Category: Family Law
Satisfied Customers: 371
Experience: Over 14 years as a Family Law Attorney; Temporary Judge Award (2008)
Verified
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Customer reply replied 8 years ago
i'm sorry i probably am not explaining it right. i got my restraining order without a lawyer and the respondent did not show up. i did it myself. what i want to be reimbursed for is for the "motion to set aside the restraining order" that my ex filed 6 months later. i had to get an attorney for $3500.00 to defend his motion to set aside. so i did not ask for attorneys fees with the restraining order hearing because i represented myself. i want attorneys fees for the "motion to set aside" hearing that i had to get an attorney for. and i know my lawyer asked for the fees in the papers, but i never filled out an expense report or anything and then my lawyer did not work for me anymore. so i know it was not filed it was just marked in the papers that my lawyer filed but not followed through.
Customer reply replied 8 years ago
also how much time do i have to file this paper work? 1 year or is there no time limit?
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AttorneyKaren
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Category: Family Law
Satisfied Customers: 371
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Experience: Over 14 years as a Family Law Attorney; Temporary Judge Award (2008)

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