8.3.10 Costs and Attorney Fees

The PSFVRA shifts costs and attorney fees to the party who has perpetrated abuse. 

Many perpetrators of abuse continue their harassment of the victim through protracted custody and visitation litigation. The PSFVRA discourages vindictive litigation by abusive former partners by mandating that all attorney fees and costs be paid by the perpetrator of family violence. The party who committed family violence must pay all attorney fees incurred by the victim while enforcing her rights under the Act, including attorney fees associated with defending against the abusive parent’s requests for increased visitation or custody modification. The perpetrator of abuse must pay the victim’s reasonable attorney fees even if he is the prevailing party in subsequent litigation.  The trial court is obliged to award attorney fees under this provision even if not pled by the non-abusing parent.