attorny fees

[sloane]

An ex GF put a restraining order on my son. A minor.

Their lawyer brought my son to court to get him to pay for his legal fees. He won. I never heard of such a thing. Suing a minor for lawyer fees.

It is a restraining order. The family could of just put the restraining order themselves.

Their lawyer is their family lawyer. I wonder how much he was actually going to charge the family, if anything at all. Plus that family is loaded. They like in a huge house on a lake.

Our laywer said they usually dont ask the defendant to pay the legal fees. I guess he was wrong.

 

[Proserpina]

An ex GF put a restraining order on my son. A minor.

Their lawyer brought my son to court to get him to pay for his legal fees. He won. I never heard of such a thing. Suing a minor for lawyer fees.

It is a restraining order. The family could of just put the restraining order themselves.

Their lawyer is their family lawyer. I wonder how much he was actually going to charge the family, if anything at all. Plus that family is loaded. They like in a huge house on a lake.

Our laywer said they usually dont ask the defendant to pay the legal fees. I guess he was wrong.

Is there a question in there?

 

[quincy]

An ex GF put a restraining order on my son. A minor.

Their lawyer brought my son to court to get him to pay for his legal fees. He won. I never heard of such a thing. Suing a minor for lawyer fees.

It is a restraining order. The family could of just put the restraining order themselves.

Their lawyer is their family lawyer. I wonder how much he was actually going to charge the family, if anything at all. Plus that family is loaded. They like in a huge house on a lake.

Our laywer said they usually dont ask the defendant to pay the legal fees. I guess he was wrong.

When you add a question, also include the name of your state. Thanks.

 

[Proserpina]

(The lawyer was right though - s/he said "usually". Not "never")

 

[cbg]

I guess she doesn't like the answers she's been getting down the street.

 

[quincy]

I guess she doesn't like the answers she's been getting down the street.

Perhaps it is not so much that sloane doesn't like the answers she's been getting down the street as it is she has run out of room in her threads over there and has had to annex space here.

Because I learned from her other threads that sloane resides in Massachusetts, and she is apparently concerned about the attorney fees that were awarded against her son, here is a link to "Massachusetts Statutes Allowing/Mandating Attorney's Fees to Prevailing Parties:"
http://www.masslegalservices.org/system/files/library/Mass_Attorneys_Fees_Statutes.pdf

And here is a link to "Selected Massachusetts Cases Governing Attorney's Fees Awards:"
http://www.masslegalservices.org/system/files/library/Selected_Massachusetts_Cases_Governing+_Attorneys_Fees.pdf

 

[stealth2]

If your son acted in such a manner as to warrant a restraining order, why should he NOT be responsible to pay for the fees they had to pay to keep him away? You could always pay them for him.

 

[dave33]

An ex GF put a restraining order on my son. A minor.

Their lawyer brought my son to court to get him to pay for his legal fees. He won. I never heard of such a thing. Suing a minor for lawyer fees.

It is a restraining order. The family could of just put the restraining order themselves.

Their lawyer is their family lawyer. I wonder how much he was actually going to charge the family, if anything at all. Plus that family is loaded. They like in a huge house on a lake.

Our laywer said they usually dont ask the defendant to pay the legal fees. I guess he was wrong.

Are you sure you got the facts right? If so, the judgment has been entered and there isn't much you can do now. To actually bring a minor to civil court and have a judgment against them is a new one to me. Were you there?

 

[quincy]

Are you sure you got the facts right? If so, the judgment has been entered and there isn't much you can do now. To actually bring a minor to civil court and have a judgment against them is a new one to me. Were you there?

If memory serves me (and it might not - there were several threads), the son had to return to court for violating the restraining order. It was at this hearing that the judge awarded attorney fees to the victim's attorney.

 

[cbg]

And the OP is in total denial - her angel son didn't do anything wrong and it's all a rotten conspiracy.

 

[sloane]

First,
thanks all who contributed to this thread. Some very helpful, other comments not so much.

I am new to forums and have never been in any legal situation so I did post in another forum and I did not know they were the same place. So I am sorry for the repeated post.

I wasnt getting many responces so I thought Id post here. Just trying help my son.

As for my 'angel son'.

I came here with a simple question, 'can a lawyer sue a minor for legal fees when the 'victim' did not even need a lawyer to file a RO?

I work full time and have kids, so I am not on the computer a lot. It had nothing to do with not liking anyones answers. Sorry if you felt that way, but that was not my intent. On another forum that I was on, it took a few days for someone to respond.

My son is a good kid. He has never had a problem. Angel? NO.

The exGF and him were breaking up and he wrote some nasty texts. He WOULD NEVER of wrote them if he knew he could get in this type of trouble. It was an impulsive act. The GF's mother found the text, and she went ape **** and then the GF lied to her mother about horrible my son was being to her. We all know that teenage girls are such precious little angels, I have one of my own, and I know how they can be sometimes. These boys dont have a chance.

We were actually on vacation when we got the call from the police in regards to the RO.

When we got back home, we saw the affidavet the mother wrote. 95% of it was lies!!!!!!!!!!! however, the text part was true and our lawyer said that just the text alone could get him a RO as he threated her. He told us its just a civil issue and not criminal, and if we fight it, the fact is, the text could be considered criminal. So he just said 'stay away from her and move on".

I am big on 'natureal consequences' and we discussed this is what happens when you write stupid stuff. I did not give my son any impression on what he did was OK or NOT a big deal.


Then a few months later, the police come with a search warrent and says that the family was told that my son posted a pic of her on his instagram account. We banned him from being online, so we know he didnt do it. The police admit to not seeing it, also the family admits to not seeing it, it was the exGF's friend.

I had no idea that the police can get a search warrent on 'someone said they saw it'. But the stuff that I read online, apparently they can. This is all the stuff that I am learning as I go.

So now the police took his computer and phone .

Then we get a call that this lawyer is suing our son for his fees. We went to court, and he won.

Then we find out that day, that my son was accused of violating the RO. We assumed it had to do with something they might of found on the computer.

When we finally got to court, we were shown what the accusation was. I wont go into details, but my son was not where she said he was, he was with me and I had witnesses and receipts to prove it. Thank God. But like our lawyer told us, we have to prove his innocents, she doesnt have to prove his guilty. So apparently she can continue with these lies and we have to continue to prove he is innocent. It just doesnt seem fair. but I guess with RO's, thats how the system work.

This whole thing has just snowballed. The fact that my son has moved on, this GF can now make any accusation and this could end up with my son in jail.

Like I said, I am not approving what he did, but he does not deserve all this by some stupid teenage text. I would never tell him that, but thats my feeling.

I am not making excuses for him, but it was a stupid mistake by a teenager. have you seen what these kids write on social media these days?

I did not want to tell this whole story on here because my feeling was that people do not read long posts. So I thought when I joined this forum, I would just ask 'simple questions' c/out going into a long story.

Now. to answer some of the questions and assumptions:

If memory serves me (and it might not - there were several threads), the son had to return to court for violating the restraining order. It was at this hearing that the judge awarded attorney fees to the victim's attorney.

no, your memory isnt serving you today. If was after the court date with that lawyer, that lawyer did told us about the violation after the case was done. That lawyer had nothing to do with the violation, he only was working on the restraining order. The police are the ones pressing charges on the RO, it had nothing to do with the lawyer.

Are you sure you got the facts right? If so, the judgment has been entered and there isn't much you can do now. To actually bring a minor to civil court and have a judgment against them is a new one to me. Were you there?

Yes, I was there. Their lawyer went up and asked the judge to award him the attorney fees. My sons lawyer said 'your honor, he is asking to much'. So the judge decided not to give him all of it, but half of it, in the tune of 3,000. If I was able to speak, I would went into a different direction then just say it is 'unreasonable'. But thats just me.

If your son acted in such a manner as to warrant a restraining order, why should he NOT be responsible to pay for the fees they had to pay to keep him away? You could always pay them for him.

Because he is a minor, and everything I read and what our lawyer told us, in most cases in ROs, the defendant does not pay the legal fees because its a civil matter not a criminal one. EX: If i bring someone to small claims court and then get advice from my lawyer on how I should proceed, should that person then pay my legal fees also? It was my choice to get a lawyer, but I didnt have to.

Perhaps it is not so much that sloane doesn't like the answers she's been getting down the street as it is she has run out of room in her threads over there and has had to annex space here

I had no idea the two forums were connected. I am just trying to understand all of this as it doesnt make much sense to me. I am not a lawyer. That is why I came here looking for 'freeadvice'. Its way out of my league.

I was OK with the RO, hey, he said it, no excuses. But this is getting way out of hand. So Its not like I am not liking any answers, but I am just trying to find what is ok and what is not.

Is there a question in there?

yes, I am sorry if it wasnt clear, I'm very upset over this. Is it typical for a lawyer to sue a minor in a civil case for attorney fees? everyone I talked to said 'usually' no. I feel our lawyer messed this one up by not advocating for my son, just stating that is was 'unreaonsable' for the amount of money. So the judge agreed and lowered it.

Here is the reality. We are poor. I am trying my best. I already paid for the lawyer and he has done nothing I requested or even got me a copy ofanything. All I have is the RO and the other laywers itemized sheet of how much everything he did and the cost of it.

And the OP is in total denial - her angel son didn't do anything wrong and it's all a rotten conspiracy.

I dont even want to respond to this. But just so you are clear, I am not in denial. He did do something wrong. However, the consequences of his actions are a little over the top.

But I would like to point out, that this quote is what I am talkinga bout. Chances are this pesron would never of said this to me in person. Its the internet and people write stupid and hurtful things. And we are adults. At least I think we are.

He had to leave his school due to the restraining order, he has been accused two times of violiating it which he never did, and now he has to pay this lawyer now. We cant find a school that will take him because they think if he 'had to leave the school' he must be a bad kid. So here is, home with me, and we now have to get a turtor, all because of a stupid text.

Even the clerk at the court laughed at it, and said that a lot of kids are saying stupid stuff with text because its just a phone and half of them would never say the stuff they write in person.

I thought Id teach my kid a lesson about texting, but I had no idea it would cost me thousands of dollars.

I only came here for advice. If you have nothing constructive to say, then dont say it, but the snide remarks do not help at all.

Now that I wrote this long post, watch, no one will say anything. Just like 'down the street'.

thank you for those links Quincy. I will read them.

 

[Silverplum]

First,
thanks all who contributed to this thread. Some very helpful, other comments not so much.

I am new to forums and have never been in any legal situation so I did post in another forum and I did not know they were the same place. So I am sorry for the repeated post.

I wasnt getting many responces so I thought Id post here. Excuse me for trying to help my son.

As for my 'angel son'. Please dont assume anything when you do not know the facts.

I came here with a simple question, 'can a lawyer sue a minor for legal fees when the 'victim' did not even need a lawyer to file a RO?

I work full time and have kids, so I am not on the computer a lot. It had nothing to do with not liking anyones answers. Sorry if you felt that way, but that was not my intent. On another forum that I was on, it took a few days for someone to respond.

My son is a good kid. He has never had a problem. Angel? NO.

The exGF and him were breaking up and he wrote some nasty texts. He WOULD NEVER of wrote them if he new he could get in trouble. It was an impulsive act. The GF's mother found the text, and she went ape **** and then the GF lied to her mother about horrible my son was being to her. We all know that teenage girls are precious little angels. I have one of my own, and I know how they can be sometimes. These boys dont have a chance.

We were actually on vacation when we got the call from the police in regards to the RO.

When we got back home, we saw the affidavet the mother wrote. 95% of it was lies!!!!!!!!!!! however, the text part was true and our lawyer said that just the text alone could get him a RO as he threated her. He told us its just a civil issue and not criminal, and if we fight it, the fact is, the text could be considered criminal. So he just said 'stay away from her and move on".

I am big on 'natureal consequences' and we discussed this is what happens. I did not give my son any impression on what he did was OK or no big deal. WE made a big deal over it.


Then a few months later, the police come with a search warrent and says that the family was told that my son posted a pic of her on his instagram account. We banned him from being online, so we know he didnt do it. The police admit to not seeing it, also the family admits to not seeing it, it was the exGF's friend.

I had no idea that the police can get a RO on 'someone said they saw it'

So now the police took his computer and phone .

Then we get a call that this lawyer is suing our son for his fees. He won.

Then we find out that day, that my son was accused of violating the RO. We assumed it had to do with something they might of found on the computer.

When we finally got to court, we were shown what the accusation was. I wont go into details, but my son was not there, he was with me and I had witnesses and receipts to prove it. Thank God.

This whole thing has just snowballed. The fact that my son has moved on, this GF can now make any accusation and could wind up getting my son in trouble.

Like I said, I am not approving what he did, but he does not deserve all this by some stupid teenage text. I would never tell him that, but thats my feeling.

I am not making excuses for him, but it was a stupid mistake by a teenager. have you seen what these kids write on facebook and social media?

I did not want to tell this whole story because my feeling was that people do not read long posts. So I thought when I joined this forum, I would just ask 'simple questions' c/out going into a long story.

Now. to answer some of the questions:



no, your memory isnt correct. If was after the court date with that lawyer, that lawyer did tell us about the violation after the case was done. That lawyer had nothing to do with the violation, he only was working on the restraining order. The police are the ones pressing charges on the RO.



Yes, I was there. Their lawyer went up and asked the judge to award him the attorney fees. My sons lawyer said 'your honer, he is asking to much'. So the judge decided not to give him all of it, but half of it, in the tune of 3,000. If I was able to speak, I would went into a different direction then just say it is 'unreasonable'. But thats just me.



Because he is a minor, and everything I read and what our lawyer told us, in most cases in ROs, the defendant does not pay the legal fees because its a civil matter not a criminal one. EX: If i bring someone to small claims court and then get advice from my lawyer on how I should proceed, should that person then pay my legal fees? It was my choice to get a lawyer, but I didnt have to.


I had no idea the two forums were connected. I am just trying to understand all of this as it doesnt make much sense to me. But I am not a lawyer. That is why I came here looking for 'freeadvice'.

I was OK with the RO, hey, he said it, no excuses. But this is getting way out of hand. So Its not like I am not liking any answers, but I am just trying to find what is ok and what is not.


yes, I am sorry if it wasnt clear, I'm very upset over this. Is it typical for a lawyer to sue a minor in a civil case for attorney fees? everyone I talked to said 'usually' no. I feel my lawyer messed this one up by not advocating for my son, just stating that is was 'unreaonsable' for the amount of money. So the judge agreed and lowered it.

Here is the reality. We are poor. I am trying my best. I already paid for the lawyer and he has done nothing I requested or asked him to get a copy of. All I have is the RO and the other laywers itemized sheet of how much everything he did and the cost of it.


I dont even want to respond to this. But just so you are clear, I am not in denial. He did do something wrong. However, the consequences of his actions are a little over the top.

He had to leave his school due to the restraining order, he has been accused two times of violiating it which he never did, and now he has to pay this lawyer now. We cant find a school that will take him because they think if he 'had to leave the school' he must be a bad kid. So here is, home with me, and we now have to get a turtor, all because of a stupid text.

Even the clerk at the court laughed at it, and said that a lot of kids are saying stupid stuff with text because its just a phone and half of them would never say the stuff they write in person.

I thought Id teach my kid a lesson about texting, but I had no idea it would cost me thousands of dollars.

I only came here for advice. If you have nothing constructive to say, then dont say it, but the snide remarks do not help at all.

Now that I wrote this long post, watch, no one will say anything. Just like 'down the street'.

thank you for those links Quincy. I will read them.

Well, if you want to control the conversation, then don't expect replies. Just like in real life.

 

[eerelations]

I came here with a simple question, 'can a lawyer sue a minor for legal fees when the 'victim' did not even need a lawyer to file a RO?

And here is the simple answer (that you've been given several times): yes.

 

[cbg]

FYI the two boards do not have common ownership, but they have a great many volunteer responders in common.

 

[sloane]

Well, if you want to control the conversation, then don't expect replies. Just like in real life.

Thank you for all the help. I had no idea I was controlling anything. Thanks for pointing that out. Very helpful advice on our stressful situation.

And here is the simple answer (that you've been given several times): yes.

I rewrote the question because if you have been reading, someone stated that I didnt ask a question. So I repeated it. But Please, if you find anything else in my only TWO posts that I wrote was wrong, please correct me, I find it really helpful in our stressful situation.

FYI the two boards do not have common ownership, but they have a great many volunteer responders in common.

I was not aware. I just googled free legal adivce and these sites came up.

I didnt know it was all the same people. This was my first post here. I will confess, I didnt see who the members were before I posted here. If I knew that it was all the same people, I wouldnt have bothered posting.

I tried to delete this, but I have no idea how to do it. I looked around and couldnt figure it out.

But Before I leave, I think some of you should really learn to be more patient with people who probably come here looking for advice because some people, like me, dont trust the legal system too much. We come here in stress and concern, either for ourselves or a loved ones. Some of the tone of the comments were really very disrepectful.

If I knew everything about the legal system, I would never of came here and posted.

maybe I was looking for some sympathetic reader, or someone who had a similiar situation and what they did.

But I guess I was wrong. What I got out of talking to you all is that my son made some inappropriate text due to a breakup and now he is a criminal in your eyes, and should pay for whatever punishment the legal system decides for him and to just accept it.

I feel like I am on trial here because I came here for advice.

Thanks for those who tried to help, and the ones that felt the need to judge me without knowing the whole story, well, you have proven my point around internet/text. No one has a filter.

Now its your turn, some of you can all go back behind your computer screens and kick me some more. I am just a mom trying to help my son. Not in denial at all, just do not think he deserves everything that has happened over some stupid text. The legal system thinks differently.

Oh well, what are you going to do. Who knows, maybe her next false allegation will get him behind bars. Ill just sit quietly and accept it, because I really should trust the legal system. They know my son better then me. Just like you.