You won your domestic violence restraining order case, or you beat the one filed against you. Can you still ask the court to make the other side pay your lawyer months later? A new published California decision says the clock may already have run out, and a vague line in the court’s order will not save you.
The case is In re Marriage of A.O. and Vologodskaya, decided by the Court of Appeal, First Appellate District, Division Three. The opinion was filed on October 28, 2026, and certified for publication. Here is what happened, what the court decided, and what it means for anyone with a restraining order case in California.
The Short Answer on Restraining Order Attorney Fees
California Family Code section 6344 lets a court order attorney fees and costs in a domestic violence restraining order case. If you are the person who asked for the order and you win, the court must order fees when you request them. If you are the person the order was sought against and you win, the court may order fees only if you prove the request was frivolous or was filed only to abuse, intimidate, or cause delay.
Section 6344 does not set its own deadline. The Court of Appeal held that California Rules of Court, rule 3.1702 fills that gap. Under that rule, a motion for statutory attorney fees must be served and filed within the time for filing a notice of appeal. In this case, waiting 14 months was far too long.
What Happened in This San Mateo County Case
In August 2023, a husband filed for divorce and asked for a restraining order. In his paperwork, he also asked that his wife pay some or all of his attorney fees. In November 2023, the wife asked for her own restraining order and for spousal support.
On the day of the January 2024 hearing, both sides, each with a lawyer, told the court they had settled. They agreed to a one-year restraining order protecting the husband. The wife admitted to acts of domestic abuse and dismissed her own request. They also agreed on support terms and kept the court’s power to decide future bonus income. No one said anything about attorney fees.
The husband’s lawyer prepared the written orders. The findings and order after hearing marked attorney fees as “[n]ot applicable,” and the fee section of the restraining order after hearing was left blank. The court filed those orders on February 1, 2024.
In April 2025, the husband filed a motion asking for $75,476 in fees under section 6344. In February 2026, the trial court ordered the wife to pay $39,000. She appealed.
Why the Court of Appeal Threw Out the $39,000 Award
The Court of Appeal reversed the fee order. It explained that rule 3.1702 applies to claims for statutory attorney fees in civil cases, and courts have long held there is no exception for family law cases. An order granting or denying a domestic violence restraining order can be appealed, and the opinion notes the time to appeal is, at most, 180 days. The husband waited about 14 months.
The court also rejected three arguments the husband made to save his request:
- The standard line in the order that “[a]ll other issues are reserved until further order of court” did not hold the fee issue open. The settlement on the record never mentioned fees, and the written orders said no fee order was being made.
- The fact that the divorce itself was still pending did not matter. Once the parties settled, nothing was left to decide about the restraining orders, so that order was final for purposes of the fee deadline.
- Section 6344 does not create its own separate fee procedure without deadlines. Rule 3.1702 applies to statutes that do not set their own deadline.
Rule 3.1702 does let a trial judge extend the time for a fee motion for good cause. But the husband never raised good cause in the trial court, so the Court of Appeal held he had given up that argument and refused to send the case back.
The Deadline People Miss After a Restraining Order Hearing
Many people think of a restraining order hearing and a divorce as one big case. This decision shows why that can be a costly mistake. The restraining order can become final on its own, even while the divorce goes on for months or years. When it does, the fee clock is running.
The time to appeal is the outside limit, and it can be shorter than 180 days in some situations. Do not assume you have the full period. Read the court’s written orders closely and note the date they were filed.
What This Ruling Means if You Want Fees
If you won a restraining order case and want the other side to pay your fees, these points come straight from the court’s reasoning:
- Ask for fees at or soon after the hearing, not a year later.
- If you settle, say on the record whether fees are part of the deal or whether the court keeps the power to decide them later.
- Check the written order. If the fee box says “not applicable” or is blank, that is strong evidence that no fee issue was saved.
- If you are late and have a real reason, raise good cause with the trial judge. An argument not made in the trial court usually cannot be made for the first time on appeal.
If you are the one facing a late fee request, this decision gives you a clear timing defense to raise in your written opposition.
How This Fits With Other Recent Family Law Fee Rulings
This case is about the deadline for a fee request under section 6344. A different recent decision looked at fee sanctions under Family Code section 271, and you can read our post on whether filing for contempt in a divorce can cost you fees. For more on how restraining order cases are decided, see our posts on how social media posts can support a domestic violence restraining order in California and whether a judge can dismiss a restraining order request because the hearing ran out of time.
Common Questions About Restraining Order Fees in California
Does the winner of a restraining order case always get attorney fees?
Not automatically. Under Family Code section 6344, the court must order fees for a winning petitioner when they are requested, but the request must still be made on time. Before ordering anyone to pay, the court must also decide whether that person has, or is reasonably likely to have, the ability to pay.
Can I ask for fees later if my divorce is still open?
Not if the restraining order part of the case is already final. In this decision, the pending divorce did not extend the deadline for fees tied to the restraining orders.
Does “all other issues are reserved” protect my fee request?
Not by itself. The court said that standard language did not save a fee claim when the settlement and the written orders were silent on fees or said fees were not applicable.
When to Call Mines Law Firm
We handle auto accident injury claims, and are accepting clients for those. If you are injured in an auto accident, that is when you should call us at 888-700-0093.
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.