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DecisionsAttorneys fees award upheld in order of protection case

June 1, 2020

Among other things in In Re Cheryl H. v. Clement H. – the appeals court upheld both the finding of a willful violation of the temporary order of protection and, notably, the attorneys fee award. This award is in the court’s discretion – that means it is up to the judge presiding over the case whether or not to award reasonable attorney’s fees to be paid. It is provided for by statute and case law.

In this case, there was proof by a fair preponderance of the evidence regarding the violation – which supported the court awarding a two-year order of protection (other remedies require other standards of proof). Then, it appears that the respondent was evasive in answering questions about finances – which probably irked the judge even more and likely sealed the deal on the attorney’s fees issue.

The lesson here is pretty simple: try to hire a lawyer for your order of protection violation case, you may just be able to get an order reimbursing you for the attorney’s fees from the opposing party.

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About the author:

Founder and Principal Attorney at the Law Office of Bryan Greenberg LLC, Middlesex County, NJ. With an unwavering commitment to guiding individuals through the complex and emotional landscape of divorce and family law matters, Bryan stands as the founding attorney of Law Office of Bryan Greenberg. Backed by years of legal expertise and a deep understanding of Middlesex County's legal landscape, Bryan is dedicated to offering compassionate yet pragmatic solutions to every client's unique situation. Through insightful blog posts, Bryan shares valuable insights, tips, and advice on navigating the challenges of divorce and family law, helping individuals make informed decisions during these critical life transitions. For comprehensive legal guidance and empathetic support, turn to Bryan Greenberg and the team at the Law Office of Bryan Greenberg.

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