Legal Question in Civil Litigation in Illinois

Recovering lawyer fees in a TRO case? Act quickly.

No, you cannot get fees for because the other side lost their case. Fees may be awarded under a variety of circumstances, and false and frivolous pleadings is one of these circumstances. To prevail, you would need to prove that the pleadings filed in court were not �to the best of [the pleader and his or her lawyer's] knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.� Illinois Supreme Court Rule 137.

You need to act quickly. Proceedings under Rule 137 �shall be brought within the civil action in which the pleading, motion or other paper referred to has been filed, and no violation or alleged violation of this rule shall give rise to a separate civil suit, but shall be considered a claim within the same civil action. Motions brought pursuant to this rule must be filed within 30 days of the entry of final judgment, or if a timely post-judgment motion is filed, within 30 days of the ruling on the post-judgment motion.�

Re: Recovering lawyer fees for a terminated civil restraining order

Your question says that you defended yourself. Did you pay an attorney for something? If not, how are you going to be able to prove that you had legal fees? Legal fees are fees paid to an attorney. Even if you did have legal fees,you would not be able to recover them from the other side unless you had a written contract so providing, or a statutory right to do so.