Dragones v. Calkins
Annotate this CaseIn a domestic violence dispute that led to dueling restraining orders, the California Court of Appeal, Second Appellate District, Division Seven, affirmed the trial court's decision to award attorney's fees to Peter Henri Dragones III, the prevailing party. Both Dragones and his opponent, Kerry Calkins, had sought restraining orders against each other in 2022. The trial court granted Dragones's request and denied Calkins's. Subsequently, Dragones moved for attorney's fees under Family Code section 6344. While the case was pending, the legislature repealed the prior version of section 6344 and enacted a new one, which made it easier for a prevailing petitioner to obtain fees. Both parties contended that the prior version of section 6344 should apply. However, the appellate court held that the current version of section 6344 applies retroactively to all cases pending on its effective date, including this case. This decision was based on California's general rule of retroactivity for amendments to the Family Code and the established principle that newly enacted attorney fee statutes apply to cases pending on their effective date. The court also held that the trial court did not abuse its discretion in awarding attorney’s fees under the new statute.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.