California, United States of America
The following excerpt is from People v. Howell, H041544 (Cal. App. 2015):
However, "[i]n examining the restitution statute, '[t]he intent of the voters is plain: every victim who suffers a loss shall have the right to restitution from those convicted of the crime giving rise to that loss.' [Citation.] As a result, 'the word "loss" must be construed broadly and liberally to uphold the voters' intent.' [Citation.] Because the statute uses the language 'including, but not limited to' these enumerated losses, a trial court may compensate a victim for any economic loss which is proved to be the direct result of the defendant's criminal behavior, even if not specifically enumerated in the statute." (People v. Keichler (2005) 129 Cal.App.4th 1039, 1046.) Thus, here, the trial court properly compensated the victims for attorney's fees to obtain a restraining order. Though this economic loss is not enumerated in section 1202.4, it was a direct a result of defendant's constant threats and harassment.
Defendant relies on People v. Fulton (2003) 109 Cal.App.4th 876 to support his position. However, Fulton is not relevant to the present case. In Fulton, the defendant argued that "attorney fees are recoverable as restitution only to the extent they are
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