hawesjo1990
New Member
- Jurisdiction
- Washington
My wife and I were taking care of her Grand Niece, a 3yo girl. We had every form of written documentation required to get her from Washington to Texas, including keeping CPS, her mother, and San Antonio PD involved and aware that we had her and she was safe.
Long story short, her mother is mentally ill and filed a DVPO against my wife claiming that we kidnapped her daughter and somehow got her halfway across the country without her knowing and kept her in our house for three months before she "found out". So we did what was right, and we hired an attorney in Washington which cost me 7500 dollars out of pocket and an additional 5,000 dollars in a loan to cover the costs. The court found that the DVPO was not legitimate due to insufficient evidence provided by the petitioner, and that the petitioner was not credible as she was unable to remember any dates, times, names, or anything related to the case. Our attorney at the end of the proceeding openly requested for Court costs and attorneys fees to be rendered to us, the respondent, and the judge requested that we put another motion to the court for the proceedings. Our attorney put a motion for withdraw the same day.
Now two months later after my bumbling around the Washington legal system have served the petitioner with all of our financial documents regarding the court costs, e-filing documents and financial declarations, itemized lists of what we are being charged for, being told we didn't do X,Y, or Z right in the filing system, only to be told that we have to have a Washington Statute for the Judge to have authority to legally require the Petitioner to pay our attorneys fees and court costs.
Right now I have found two that may do the trick but I need to get them verified so I stop wasting my time, so any help would be amazing.
The Washington long arm statute, sec-tion 4.28.185(5) of the Revised Code of Washington,1 allows prevailing nonresident defendants to recover their attorney's fees from losing resident plaintiffs.
RCW 11.96A.150
(2) This section applies to all proceedings governed by this title, including but not limited to proceedings involving trusts, decedent's estates and properties, and guardianship matters. This section shall not be construed as being limited by any other specific statutory provision providing for the payment of costs, including RCW 11.68.070 and 11.24.050, unless such statute specifically provides otherwise. This section shall apply to matters involving guardians and guardians ad litem.
Long story short, her mother is mentally ill and filed a DVPO against my wife claiming that we kidnapped her daughter and somehow got her halfway across the country without her knowing and kept her in our house for three months before she "found out". So we did what was right, and we hired an attorney in Washington which cost me 7500 dollars out of pocket and an additional 5,000 dollars in a loan to cover the costs. The court found that the DVPO was not legitimate due to insufficient evidence provided by the petitioner, and that the petitioner was not credible as she was unable to remember any dates, times, names, or anything related to the case. Our attorney at the end of the proceeding openly requested for Court costs and attorneys fees to be rendered to us, the respondent, and the judge requested that we put another motion to the court for the proceedings. Our attorney put a motion for withdraw the same day.
Now two months later after my bumbling around the Washington legal system have served the petitioner with all of our financial documents regarding the court costs, e-filing documents and financial declarations, itemized lists of what we are being charged for, being told we didn't do X,Y, or Z right in the filing system, only to be told that we have to have a Washington Statute for the Judge to have authority to legally require the Petitioner to pay our attorneys fees and court costs.
Right now I have found two that may do the trick but I need to get them verified so I stop wasting my time, so any help would be amazing.
The Washington long arm statute, sec-tion 4.28.185(5) of the Revised Code of Washington,1 allows prevailing nonresident defendants to recover their attorney's fees from losing resident plaintiffs.
RCW 11.96A.150
Costs—Attorneys' fees.
(1) Either the superior court or any court on an appeal may, in its discretion, order costs, including reasonable attorneys' fees, to be awarded to any party: (a) From any party to the proceedings; (b) from the assets of the estate or trust involved in the proceedings; or (c) from any nonprobate asset that is the subject of the proceedings. The court may order the costs, including reasonable attorneys' fees, to be paid in such amount and in such manner as the court determines to be equitable. In exercising its discretion under this section, the court may consider any and all factors that it deems to be relevant and appropriate, which factors may but need not include whether the litigation benefits the estate or trust involved.(2) This section applies to all proceedings governed by this title, including but not limited to proceedings involving trusts, decedent's estates and properties, and guardianship matters. This section shall not be construed as being limited by any other specific statutory provision providing for the payment of costs, including RCW 11.68.070 and 11.24.050, unless such statute specifically provides otherwise. This section shall apply to matters involving guardians and guardians ad litem.
