Lee-Magana v. Carpenter
Annotate this CaseThis appeal involved two petitions for long-term domestic violence protective orders. Olivia Lee-Magana prevailed both on a petition she brought against her ex-boyfriend Jacob Carpenter and on a petition he brought against her. She moved for attorney’s fees in both cases, but the trial court denied her motions at first and again on reconsideration. Lee-Magana appealed, asserting that the trial court abused its discretion by not awarding her full attorney’s fees on both petitions : on hers because she was the prevailing petitioner in a domestic violence case for whom fees are allowed by statute, and on her ex-boyfriend’s because she was the prevailing party and his petition was vexatious. After review, the Supreme Court affirmed the superior court’s denial of attorney’s fees for Lee-Magana's successful defense against her ex-boyfriend’s petition. As for the court’s denial of attorney’s fees to Lee-Magana as the prevailing petitioner, the Court concluded there was no adequate reason for denying fees and therefore reversed and remanded for an award of fees in an appropriate amount.
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