The Court of Appeals in Cave v. Scheulov, addressed and defined parameters in awarding attorney’s fees in Civil Protection Order (CPO) cases. Specifically, Cave had filed a Petition for a CPO against her husband of thirteen years alleging physical abuse and assault, which was granted by the court. Her claim for legal fees however was denied as the trial court had required that she first prove that the litigation was oppressive, burdensome or in bath faith as a condition precedent to awarding legal fees or before considering all other elements and factors. Traditionally and particularly in divorce cases, the court has
Read More

The DC Court of Appeals in K.H. v. R.H., considered application of a complex legal standard while reconciling a divorce, neglect as well as third party custody filing. Mr. H. and Mrs. H. were divorced and under the terms of their divorce decree, Mrs. H. was granted custody of their minor children.   Subsequent to the divorce, and while Mrs. H. was involved in another relationship, a neglect proceeding was brought against her and she was adjudicated neglectful.  Mr. H. thereafter initiated a third-party custody filing to gain custody of the child who was deemed neglected.  It is noteworthy that Mr.
Read More

The Court of Appeals in Murphy v. Murphy, defined what constitutes an equitable distributing of property that is changing in value. The appellant had argued that the trial court had not property and timely assessed the value of the martial home before issuing a distribution order and during a divorce proceeding, namely that: A steep decline in value of the marital property before the court’s order of disposition prevented the distribution from being “equitable, just, and reasonable” as required by statute, The trial court erred in making its property distribution by failing to credit appellant for his mortgage payments, and
Read More