Kanterman v. Kanterman winning defendant in Dv case only entitled to attorney fee under frivolous lawsuit statute

 Kanterman v. Kanterman winning defendant in Dv case only entitled to attorney fee under frivolous lawsuit statute

Defendant moved for attorneys' fees following the denial of plaintiff's request for a FRO. Plaintiff filed a domestic violence complaint and obtained a TRO based on alleged predicate acts of assault and harassment that occurred during a physical altercation between plaintiff and defendant's girlfriend. After the issuance of the TRO, plaintiff alleged that defendant violated the order by entering her building and leaving the parties' dog outside. Following trial, the court found plaintiff's claims to be unsubstantiated. The court denied defendant's motion for attorneys' fees. The court held that the only legal avenue for a domestic violence defendant to obtain attorney fees was through the frivolous lawsuit statute. However, the court noted that recovery under the statute required a finding of bad faith. Because the court made no finding that plaintiff acted in bad faith by seeking a TRO and pursuing the case through trial, the court ruled that defendant was not entitled to an award of attorneys' fees. FV-09-1482-23 unreported source NJlJ 2023-07-17