If one party lacks sufficient funds but needs a restraining order, can the court order the other party to pay these fees?
The temporary orders hearing can include a request for interim attorney’s fees as well as the request for a restraining order. The court will examine the monthly expenses and income of each party to see if the requesting party has sufficient funds to pay reasonable attorney’s fees. If not, the court will order the other party to pay the attorney’s fees. This is considered a temporary division of the community estate and the amount paid may be credited against the requesting parties share upon final division of the assets and liabilities.
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If one party lacks sufficient funds but needs a restraining order, can the court order the other party to pay these fees?