Legal Question in Family Law in California

There are several sections that may or may not apply. Family Code section 2030 provides that the court may order one spouse to pay the other spouse's attorney's fees, based on needs and ability to pay. What that generally translates to is the high earner spouse ends up paying the lower earning spouse's attorney's fees. That has nothing to do with the merits of the TRO.

Other than that provision, there is a provision for an attorney to receive attorney's fees if an attorney is appointed to enforce an order. That provision, however, does not apply to your situation.

If the court determines that the motion was filed in bad faith and with no merit, there may be a justification to request sanctions. You must review your court's local rules as well as the Family Code to properly ascertain if your situation deserves a sanctions request.

If the Restraining Order was not granted and there was no justification, you may be able to seek attorney fees under California Family Code 271. If the judge found that there was merit to the claims in the Temporary Restraining Order, you would not be entitled to fees. There are other factors that the court would look at such as the income of each party. You should consult with an attorney to review your case and discuss whether you may be entitled to fees.