What is the test for determining who is the prevailing party in a restraining order?

California, United States of America


The following excerpt is from Karen H. v. Jason H. (In re Marriage of Karen H.), E068153 (Cal. App. 2019):

Petitioners are the prevailing parties when they get most or all of what they want by filing the request for a restraining order. (Elster v. Friedman, supra, 211 Cal.App.3d at p. 1443.) And the court should not deny attorney fees merely because the parties reached a resolution in the petitioners' favor by settlement. (Id. at pp. 1442, 1444 [although the restraining order was set forth in a stipulated judgment, the petitioners were the prevailing parties and entitled to attorney fees and costs].)

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