I would like to begin asking the court to order the respondent to pay attorneys fees under Tex. Fam. Code Sec. 81.005 for my office's time in obtaining a protective order. This has not been done here before, so I am trying to figure out the best way to present evidence regarding the fees. I am thinking of just asking for a set amount for each protective order, say $150.00 or $200.00. I was considering coming up with an affidavit that I could present as an evidentiary exhibit.

Does anyone else do anything differently? Any suggestions?

Just like private practice lawyers: "My name is __," etc.....

Wow, I never thought of proving them up. I have just been sticking them in my PO's for about 10 years. No problem so far....
Mine are $250. I recite that they to be paid to the general fund so that it is clear that I am not getting the award personally. The clerk evenually collects less than half of the judgments awarded. I don't attempt to collect the judgments by execution or contempt. It's not the money, it's the principal of the thing. Heard that one before?
I have had an defense attorney or two get me to whittle it down a little but never had it contested at the hearing.
Don't forget to plead for it in the application.

John Hutchison CA Hansford County

We occasionally use the potential to waive attorney's fees as a bargaining chip to obtain an agreed order.

When proving up attorney's fees, don't forget to proffer some evidence of the respondent's income and ability to pay. See Family Code sec. 81.005(b).

Just on the off chance that you get a cranky visiting judge who questions the stock amount put in your PO, have some facts and figures to back it up.

I have never seen it proved up before either, as private practice attorneys do. But I would think that $250 is an entirely reasonable amount to compensate the county for the work of the employees in preparing the PO application/order and in handling the PO for the applicant.

If it looks as if a judge would question how you arrive at the amount charged the respondent, another suggestion would be to get a friendly divorce attorney or two to submit a stock "to whom it may concern" affidavit setting forth their rates for representing an applicant in a PO proceeding, which will undoubtedly be quite a bit more than $250.

I always ask for attorney fees when I do a PO. If it is contested I seek $300. I use the atty fees as a bargaining chip by telling the Resp that I will waive the fees if he agrees. 9 times out of 10 it works because they don't want to have to pay an additional $300.

I have been getting $500 on Defaults and as much as $750 on contested's. I don't prove it up, both judges just have their amount they like to use. It is understood that an agreed order dosen't have any fees, this keeps the judges happy since I'm not wasting their time.

We ask for and receive attoprney fees in our PO cases. Like Scott suggested, we also use them as bargaining chips in appropriate cases.

I do not regularly handle these cases, but did so just before Christmas when our regular PO atty was out. I forgot to prove them up. We got the PO and now the def atty is suggesting I waive the fees because I did not put on supporting evidence. He has also raised some other objections to other parts of the order. My response as been to offer to waive the atty fees if he will drop his other objections. Otherwise, we can take up all of the objections at a second hearing, at which time I will put on evidence of all of my time, which will far surpass the nominal $150 in atty fees I have put in the order. I think I will offer to accept as an hourly rate whatever it is he is charging his client.