What is the test for awarding attorney fees pursuant to section 6344 of the Domestic Violence Act?

California, United States of America


The following excerpt is from Saldana v. Noh, A143491 (Cal. App. 2016):

We review the court's judgment awarding attorney fees, whether issued pursuant to section 6344 or sections 2030 to 2032, for abuse of discretion. (See Loeffler v. Medina (2009) 174 Cal.App.4th 1495, 1509 [reviewing an award of attorney fees pursuant to section 6344 for abuse of discretion]; In re Marriage of Sorge (2012) 202 Cal.App.4th 626, 662 [reviewing an attorney fee award under section 2030 for abuse of discretion]; Mooney v. Superior Court (2016) 245 Cal.App.4th 523, 535-537 [reviewing an award of attorney fees pursuant to section 2032 for abuse of discretion].)2

The purpose of the DVPA "is to prevent acts of domestic violence, abuse, and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence." ( 6220; see also Oriola v. Thaler (2000) 84 Cal.App.4th 397, 405-406 [asserting this purpose applies to section 6344 specifically].) Section 6344 authorizes the court to order a party to pay attorney fees in DVPA proceedings. Specifically, "[a]fter

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