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