Recovering Attorney Fees in a Domestic Violence Action
Under New Jersey divorce law, the court can order one ex-spouse to pay the attorney fees of the other. To arrive at that decision, the court considers many factors, often referred to as "good faith" factors.
However, the process is quite different when domestic violence is involved.
Need to recover attorney fees in a domestic violence matter? Call the Monmouth County domestic violence attorneys at the Law Offices of Steven P. Monaghan, LLC at (732) 624-6343.
How to Recover Your Attorney Fees
After you have succeeded in court with your domestic violence claim*, then you can ask the court (in an oral application) for your attorneys fees to be paid. The fees will be paid provided they are supported by your attorney's certification of services and have resulted from your domestic violence claim.**
When deciding whether to order the payment of your attorney fees in a domestic violence matter, the court must establish that:
- The fees claimed were incurred as a direct result of the domestic violence
- The fees submitted are reasonable
- Whether the fees are supported by an affidavit.
By the court using this standard and not the "good faith" standard as in other areas of divorce, you have a greater chance of recovering your attorney fees in a domestic violence matter than in other types of family law actions.
A Victim of Domestic Violence? Want to Recover Your Attorneys Fees? Call Us.
If you are a victim of domestic violence and proven it in a New Jersey court, you may be able to recover your attorney fees.
To find out, talk to one of our Monmouth County domestic violence lawyers at the Law Offices of Steven P. Monaghan, LLC. We haveover three decades of experience and are ready to help you. Call us at (732) 624-6343 or complete the online form. Your first consultation is always free.
*Schmidt v. Schmidt, 262 N.J. Super. 451 (Ch. Div. 1992), Sielski v. Sielski, 254 N.J. Super. 686, 689 (Ch. Div. 1992).
**Sisco v. Sisco, 296 N.J. Super. 245, 250 (Ch. Div. 1996).