Marriage of Fischer CA1/2
Joannie Fischer appeals from the denial of her request for attorney fees and costs as the prevailing party on the unsuccessful application of her former husband, David Fischer, for a protective order under the Domestic Violence Prevention Act (DVPA) (Fam. Code, § 6344). The question we must decide is whether Joannie’s request was barred by attorney fee provisions in a settlement and stipulated judgment in the parties’ dissolution action. As we will explain, we agree with Joannie that the evidence does not support the trial court’s conclusion that the parties’ agreement regarding use of community property funds for attorney fees in the dissolution action precluded Joannie’s attorney fees request under the DVPA. Accordingly, we reverse.
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