Main Menu

Jacob G. v. Savanah F.

CIVIL PROCEDURE
Supreme Court of Alaska (2024)
Grace Koh

In Jacob G. v. Savanah F., 545 P.3d 885 (Alaska 2024), the supreme court held that a court may deny attorney’s fees to a successful domestic violence protective order (DVPO) petitioner only in exceptional circumstances and with explanation of its decision. (Id. at 891). After having a daughter together in 2016, Jacob G. and Savanah F. separated in 2020, and a court awarded Jacob primary physical custody. (Id. at 887). In May 2022, Jacob petitioned for a 20-day ex parte DVPO and a long-term DVPO, alleging that Savanah had taken their child to Texas without informing him beforehand, would not tell him where they were living, limited his contact with the child, and threatened to keep the child there for up to seven months. (Id.). Jacob requested the district court to issue a writ of assistance to return the child to him, order Savanah’s visitation to be supervised, and grant him attorney’s fees under a fee provision of Alaska’s DVPO statute, AS 18.66.100(c)(14). (Id. 887–89). The district court awarded Jacob temporary custody, ordered Savanah to return the child to Alaska, and ordered supervised visitation with Savanah. (Id. at 888). In Jacob’s long-term DVPO petition hearing, the superior court concluded that Savanah had committed the crime of custodial interference in the first degree and granted Jacob the long-term DVPO. (Id.). However, the superior court denied Jacob’s attorney’s fees motion without explanation. (Id.). On appeal, the supreme court noted that while awards of attorney’s fees are discretionary, the court has emphasized strong policy reasons to grant fees in DVPO cases, and only in exceptional cases should a court deny attorney’s fees to a successful DVPO petitioner. (Id. at 889). Thus, the supreme court reversed the superior court’s decision to deny attorney’s fees to Jacob, noting that the superior court failed to explain its denial of his request or any exceptional circumstances of the case. (Id. at 891).

Jacob G. v. Savanah F.

CIVIL PROCEDURE
Supreme Court of Alaska (2024)
Grace Koh

In Jacob G. v. Savanah F., 545 P.3d 885 (Alaska 2024), the supreme court held that a court may deny attorney’s fees to a successful domestic violence protective order (DVPO) petitioner only in exceptional circumstances and with explanation of its decision. (Id. at 891). After having a daughter together in 2016, Jacob G. and Savanah F. separated in 2020, and a court awarded Jacob primary physical custody. (Id. at 887). In May 2022, Jacob petitioned for a 20-day ex parte DVPO and a long-term DVPO, alleging that Savanah had taken their child to Texas without informing him beforehand, would not tell him where they were living, limited his contact with the child, and threatened to keep the child there for up to seven months. (Id.). Jacob requested the district court to issue a writ of assistance to return the child to him, order Savanah’s visitation to be supervised, and grant him attorney’s fees under a fee provision of Alaska’s DVPO statute, AS 18.66.100(c)(14). (Id. 887–89). The district court awarded Jacob temporary custody, ordered Savanah to return the child to Alaska, and ordered supervised visitation with Savanah. (Id. at 888). In Jacob’s long-term DVPO petition hearing, the superior court concluded that Savanah had committed the crime of custodial interference in the first degree and granted Jacob the long-term DVPO. (Id.). However, the superior court denied Jacob’s attorney’s fees motion without explanation. (Id.). On appeal, the supreme court noted that while awards of attorney’s fees are discretionary, the court has emphasized strong policy reasons to grant fees in DVPO cases, and only in exceptional cases should a court deny attorney’s fees to a successful DVPO petitioner. (Id. at 889). Thus, the supreme court reversed the superior court’s decision to deny attorney’s fees to Jacob, noting that the superior court failed to explain its denial of his request or any exceptional circumstances of the case. (Id. at 891).