Can the Other Party Pay My Attorney’s Fees in an Injunction Case?
Yes. In some situations, Florida law allows a court to order the other party to pay your attorney’s fees
in an injunction case. Many people—and even some attorneys—do not realize this option exists.
Florida courts may award attorney’s fees when a party files or maintains a frivolous injunction.
This rule can apply to both petitioners and respondents, depending on the circumstances.
The Florida Supreme Court Case That Allows Attorney’s Fees
The Florida Supreme Court addressed attorney’s fees in injunction cases in Lopez v. Hall, 233 So. 3d 451 (Fla. 2018).
In that decision, the Court confirmed that Florida’s sanctions statute applies to injunction proceedings.
As a result, if the other party files a frivolous injunction against you, the court may order that party
to pay your attorney’s fees.
Florida Statute § 57.105 and Injunction Cases
The statute that governs attorney’s fees in these cases is Florida Statute § 57.105.
Under this law, a court may award attorney’s fees if the opposing party knew or should have known that their claims:
- Were not supported by material facts necessary to establish the claim; or
- Were not supported by existing law as applied to those facts.
Courts interpret “supported by material facts” to mean that the party possessed admissible evidence
sufficient to establish the claim if accepted by the judge. See Siegel v. Rowe, 71 So. 3d 205 (Fla. 2d DCA 2011).
How to Ask the Court to Order Attorney’s Fees
To seek attorney’s fees under Florida Statute § 57.105, you must follow a specific process.
First, you must give the other party written notice that you intend to seek attorney’s fees.
The law requires you to give the other party 21 days to withdraw or correct their claim.
If they do not withdraw it within that time, you may then file a motion for sanctions with the court.
Your motion should include a copy of the notice and explain why the injunction is frivolous.
Important Limits on Attorney’s Fees in Injunction Cases
Florida law places additional limits on attorney’s fees in certain injunction cases.
Under subsection (8) of Florida Statute § 57.105, courts generally may not award attorney’s fees in
injunctions for protection against domestic violence, repeat violence, or stalking.
However, a court can award attorney’s fees if it finds, by
clear and convincing evidence, that a party knowingly made a false statement or
allegation about a material matter.
A material matter is any issue that could affect the course or outcome of the case.
Whether a matter is material depends on the facts and is a legal determination made by the court.
Why Legal Guidance Matters
Requests for attorney’s fees in injunction cases involve strict deadlines and detailed legal standards.
If you are dealing with a questionable injunction, start by reviewing our injunctions and restraining orders practice area.
If the situation also exposes you to criminal consequences, such as allegations of a violation, consult our criminal defense resources as well.
Call us at (407) 344-4837 to discuss your situation.
