You believe your ex broke a restraining order, so you file for contempt. Can that move end with you paying their lawyer? A new published California decision says yes, it can, if the court finds you used the contempt case to drag out the fight instead of moving it toward an end.
The case is Arora v. Arora, decided by the Court of Appeal, Fourth Appellate District, Division One. The opinion was filed on September 28, 2026, and certified for publication on October 22, 2026. Here is what happened, what the court decided, and what it means for anyone in a California divorce or custody case.
The Short Answer on Family Code 271 Sanctions
California Family Code section 271 lets a family court order one side to pay the other side’s attorney fees and costs as a sanction, which is a penalty, and the court looks at whether a person’s conduct helped or hurt the goal of settling the case and keeping costs down.
In Arora, the court held that a person who loses a contempt case can still be ordered to pay fees under section 271 if the contempt case itself was part of conduct that blocked settlement and raised costs. The contempt statute’s special fee rule does not stop that.
What Happened in Arora v. Arora
In June 2022, a husband and wife each filed to end their marriage, and each also asked for a domestic violence restraining order. The court granted a temporary order for the wife the same day.
At a July 2023 hearing, the court made the restraining order permanent for the wife. At that same hearing, it also considered several claims that the husband had violated the temporary order. The court issued its written decision about two months later.
Three days after that decision, the wife filed for contempt, and her contempt papers raised the same violations the court had already heard. After a trial, the court found the husband not guilty of contempt, and the wife then asked for sanctions and sought a subpoena for some of the husband’s messages.
In January 2025, the husband asked for section 271 sanctions. He said he had spent a large amount on fees because the wife kept bringing up the same issues again and again. His papers showed $157,723 in fees for the contempt case, the subpoena request, and the wife’s sanctions request.
Why the Trial Court Ordered $50,000
The trial court ordered the wife to pay $50,000 under section 271. It said the award was for conduct that slowed down the resolution of the case, including bringing the contempt action.
The judge explained the reasons in plain terms:
- The court had already made findings on the restraining order violations before the contempt case was filed.
- The judge viewed the contempt case as an attempt to gain a better position in the custody fight.
- The subpoena raised costs for both sides, “fanned the flames of litigation,” and did not produce useful evidence.
The One-Way Fee Rule in Contempt Cases
The wife argued she could not be made to pay these fees. She pointed to Code of Civil Procedure section 1218, subdivision (a). That law says a party found guilty of contempt for violating a court order may be ordered to pay the reasonable attorney fees of the party who started the contempt case.
The court called this a one-way, or “unilateral,” fee rule. Only the person who brings a contempt case and wins can get fees under it, so the person accused of contempt cannot get fees under it, even if they win. The court explained that the rule exists to encourage people to enforce court orders.
Why Section 271 Still Applied
The Court of Appeal affirmed the $50,000 award, finding that the two laws do not clash because they serve different goals and can both apply in the same case.
The key point is that section 271 sanctions do not depend on who wins, and they are not a reward for winning a contempt case. Instead, they punish conduct that blocks settlement or makes the case cost more. The contempt fee rule, on the other hand, rewards a person who wins a contempt case.
The court said it is possible for a person to win a contempt case, collect fees for it, and still face section 271 sanctions later if they pursued the contempt case in bad faith. It also said the mere chance of section 271 sanctions is unlikely to stop people from bringing contempt cases.
The Timing Question: 338 Days Was Not Too Late
The wife also argued the husband waited too long. He filed his sanctions request 338 days after the order that dismissed the contempt case.
The court disagreed. Under California Rules of Court, rule 3.1702(b), the deadline for a fee request covering work up to the judgment is tied to the time to appeal from that judgment. The court held that the order dismissing the contempt case was not a final judgment, and it did not end the case, because the parties kept fighting over custody and visitation afterward. The contempt case was part of the family law case, not a separate lawsuit.
What This Means If You Are Thinking About Contempt
This decision does not say contempt is a bad idea. Contempt is still a real tool when someone ignores a court order, and the person who brings it and wins can ask for fees. The lesson is narrower than that.
- A court may look at why a contempt case was filed, not only at who won.
- Filing again over violations a judge already decided can look like an effort to drag out the case.
- Using contempt or subpoenas to gain ground in a custody fight can lead to fee sanctions.
- A sanctions request tied to an earlier contempt case can come many months later, while the family case is still open.
If you are in a case with a restraining order, our earlier post explains how social media posts can support a domestic violence restraining order in California. It also helps to understand the court’s paperwork, such as what a minute order is in family law, so you know what the judge has already decided.
Common Questions About Contempt and Attorney Fees in a California Divorce
Can I get my attorney fees if I win a contempt case?
Code of Civil Procedure section 1218, subdivision (a) allows a court to order a person found guilty of contempt for violating a court order to pay the reasonable attorney fees and costs of the person who brought the contempt case. The court decides whether to make that order.
If I am accused of contempt and win, can I get fees from the other side?
Not under the contempt statute, because its fee rule only runs one way. But Arora shows that a family court may still order fees under Family Code section 271 if the other side’s conduct, including the contempt case, blocked settlement or raised costs.
Does section 271 depend on who won?
No. The court in Arora said section 271 sanctions neither reward the winner nor punish the loser. They focus on conduct that frustrates settlement and increases the cost of the case.
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ATTORNEY ADVERTISING. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and prior results do not guarantee a similar outcome. Responsible attorney: Jasmine Mines (State Bar No. 331135), Mines Law Firm, 468 N. Camden Drive, Suite 200, Beverly Hills, CA 90210.