> [!tip] My personal working space > The final version of this page is at https://atharkhan.com/glossary/6344-fees/ [[Cal. Fam. Code § 6344]] governs attorney fees and costs in [[Domestic Violence|domestic-violence]] restraining-order proceedings. A prevailing [[Petitioner]] and a prevailing respondent face different standards. > [!important] Current statutory distinction > After notice and hearing, the court must issue a fee-and-cost order for a prevailing petitioner upon request, subject to the ability-to-pay requirement. A prevailing respondent must additionally establish by a preponderance of the evidence that the petition or request was frivolous or solely intended to abuse, intimidate, or cause unnecessary delay; the court may then award fees upon request. Under [[Cal. Fam. Code § 270]], the court must first determine that the paying party has, or is reasonably likely to have, the ability to pay. Defeating a restraining-order request alone does not establish the respondent’s fee entitlement. Compare [[2030 Attorney Fees]] for access to representation and [[271 Sanctions]] for litigation conduct. These statutes serve different purposes and use different standards. Source: [California Legislative Information, section 6344](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=6344.) and [section 270](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=270.). Checked October 24, 2026.