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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47156 Judge Lawrence THE COURT dismissed a petition alleging respondent’s violation of an order of protection, finding that certain allegations were not family offenses enumerated in Family Court Act �812 and that other allegations would not be a violation of an underlying order of protection. Respondent, who had paid her lawyer a flat fee to represent her in the violation proceeding, moved for an award of counsel fees. She argued that pursuant to Linda D. v. Peter D., she was entitled to counsel fees because she was the prevailing party with respect to the violation petition. The court denied respondent’s motion, noting her failure to submit a net worth statement and her attorney’s failure to allege that the fees charged were fair and reasonable. Distinguishing Linda D., the court held that FCA ��841 and 842 require that if the result of the filing of a petition in a matter under Article 8 of the Family Court Act does not result in an order of protection, then the party applying for counsel fees is not entitled to counsel fees.

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