H.B. v. B.S.
CourtNew Jersey Superior Court Appellate Division
Date FiledNovember 6, 2026
DocketA-0729-25
StatusUnpublished
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Full Opinion
RECORD IMPOUNDED
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the
internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-0729-25
H.B.,1
Plaintiff-Respondent,
v.
B.S.,
Defendant-Appellant.
_______________________
Submitted October 28, 2026 – Decided November 6, 2026
Before Judges Mayer and Vinci.
On appeal from the Superior Court of New Jersey,
Chancery Division, Family Part, Essex County, Docket
No. FV-07-0265-22.
Almasy Law, attorney for appellant (James M. Almasy,
on the brief).
Borenstein, McConnell & Calpin, PC, attorneys for
respondent (Abraham Borenstein and Bradley M.
Arlen, on the brief).
1
We refer to the parties by their initials. R. 1:38-3(d)(10).
PER CURIAM
Defendant B.S. appeals from a September 16, 2025 order awarding
$788,293.54 in fees to plaintiff H.B. following a lengthy domestic violence trial
and the entry of a final restraining order (FRO). We affirm.
Defendant is not appealing the entry of the FRO in favor of plaintiff. She
only challenges the fees awarded to plaintiff by the trial judge. Thus, we need
not recite the facts leading to the issuance of the FRO.
The domestic violence trial took place over a three-year period and
spanned fifty trial days. Upon completion of the domestic violence trial and the
entry of the FRO, plaintiff moved for an award of fees supported by a
certification of legal services submitted by plaintiff's attorney. In the fee
application, plaintiff requested the sum of $1,071,670.78. This amount included
attorney's fees, expert fees, and costs.
After considering plaintiff's fee application and defendant's opposition to
that application, in a September 16, 2025 order with an attached written
decision, the judge awarded fees to plaintiff. In his decision, the judge
"incorporate[d] by reference the prior statements of facts and procedural history
detailed in the multiple prior opinions" issued during the domestic violence trial.
The judge conducted a detailed line-by-line review of the certification of
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services provided by plaintiff's attorney. The certification set forth each task
related to the prosecution of plaintiff's domestic violence claims against
defendant, the hourly rate for each task, the attorney who performed the task,
and the attorney's hourly rate. The judge also considered the complexity and
volume of legal work conducted by plaintiff's counsel, which included
"substantial court appearances, discovery, and trial preparation."
Defendant argued the amount requested was grossly excessive, included
work unrelated to the domestic violence litigation, and failed to meet the
procedural and substantive requirements for a fee award. Defendant claimed the
requested fees included other litigation between the parties and expert fees
"disguised as legal fees." Defendant asked the judge to deny plaintiff's fee
application in its entirety.
In his detailed and meticulous review of the requested fees, the judge
concluded the amount requested was excessive. After analyzing the factors
under N.J.S.A. 2C:25-29(b)(4), the judge awarded the sum of $788,293.54. The
judge found that amount represented reasonable fees as compensatory damages
for losses plaintiff suffered due to defendant's act of domestic violence.
In determining the reasonableness of the requested attorney's fees, the
judge considered the factors under the Rules of Professional Conduct (RPC)
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1.5(a). The judge concluded plaintiff proved the attorney's fees were reasonable
based on work performed. He further found the hourly rates were in accordance
amounts customarily charged by attorneys with comparable skill sets and
experience in the area of family law. Additionally, the judge determined the
fees were incurred as a direct result of defendant's acts of domestic violence.
In a comprehensive review of the certification of services, the judge
reduced or eliminated entries which were redundant or "excess consistent with
prior case dispositions." The judge rejected defendant's argument that certain
requested attorney fees were disguised as expert fees simply because the expert
happened to be an attorney. 2
The judge provided three single-spaced pages of bullet points thoroughly
explaining why he reduced or rejected certain expenses. In all, the judge
reduced the fee application by $20,612.73, decreasing the amount demanded by
plaintiff to $1,051,058.05. The judge found this reduced fee was "based upon
the totality of the circumstances in th[e] matter [and was] reasonable in a macro
evaluation under the Rules, case law, and facts of this case."
2
In his September 16, 2025 written decision, the judge stated he previously
"resolved" the expert's status. Neither party provided a copy of the judge's prior
decision regarding the status of the attorney expert.
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Additionally, the judge engaged in a "micro evaluation" of the
reasonableness of the reduced fees. Although not obligated to do so, the judge
considered defendant's financial circumstances and found a "marked difference"
between the parties' finances. See Wine v. Quezada, 379 N.J. Super. 287, 293
(Ch. Div. 2005) (holding "financial circumstances have no relevance
whatsoever" in awarding attorney's fees as compensatory damages in a domestic
violence action). The judge concluded that "to impose [$1,051,058.05] in this
matter would be excessive in the eyes of court" "notwithstanding the
reasonableness of [plaintiff's] counsel's actions in litigating this matter. " The
judge determined the fees sought by plaintiff crossed "the line from
compensatory damages to [plaintiff] to presenting as punitive [damages against
defendant]." Therefore, under Rule 1:1-2(a), the judge concluded a further
reduction was necessary "to effectuate justice," and further reduced the amount
by twenty-five percent. The judge ordered defendant to pay reasonable fees to
plaintiff totaling $788,293.54
On appeal, defendant argues the judge erred in applying a twenty-five
percent reduction "without a detailed analysis of the loadstar methodology." She
further contends the award of $788,293.54 was unreasonable. We disagree.
A-0729-25
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In reviewing the grant or denial of a counsel fee award, we accord
deference to a trial judge's determination. McGowan v. O'Rourke, 391 N.J.
Super. 502, 508 (App. Div. 2007). Further, "fee determinations by trial courts
will be disturbed only on the rarest occasions, and then only because of a clear
abuse of discretion." Rendine v. Pantzer, 141 N.J. 292, 317 (1995). "An abuse
of discretion occurs when a trial court makes 'findings inconsistent with or
unsupported by competent evidence,' utilizes 'irrelevant or inappropriate
factors,' or 'fail[s] to consider controlling legal principles.'" Steele v. Steele,
467 N.J. Super. 414, 444 (App. Div. 2021) (alteration in original) (quoting
Elrom v. Elrom, 439 N.J. Super. 424, 434 (App. Div. 2015)). "An abuse of
discretion is also demonstrated if the court fails to consider 'all relevant factors.'"
Ibid. (quoting Masone v. Levine, 382 N.J. Super. 181, 193 (App. Div. 2005)).
Under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-
17 to -35, a trial judge may enter an order "requiring the defendant to pay to the
victim monetary compensation for losses suffered as a direct result of the act of
domestic violence[,]" including but not limited to "reasonable attorney's fee
[and] court costs." N.J.S.A. 2C:25-29(b)(4). We have held this "'statutory
language should be given its ordinary meaning' and because [N.J.S.A. 2C:25-
29(b)(4)] sets forth attorney's fees as compensatory damages, 'attorneys fees are
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not subject to the traditional analysis contained in N.J.S.A. 2A:34-23 and
Williams v. Williams, 59 N.J. 229, 281 [] (1971).'" McGowan, 391 N.J. Super.
at 507 (quoting Schmidt v. Schmidt, 262 N.J. Super. 451, 453 (Ch. Div. 1992)).
Attorney's fees in a domestic violence action are not subject to Rule 5:3-5
governing fee applications in general family law matters. Ibid.
The PDVA establishes a three-part test for awarding fees. "[T]he victim
must demonstrate that the fees are a direct result of the domestic violence, they
are reasonable, and they are presented by affidavit pursuant to Rule 4:42-9(b)."
Grandovic v. Labrie, 348 N.J. Super. 193, 196 (App. Div. 2002) (citing Schmidt,
262 N.J. Super. at 454).
Here, the judge correctly concluded the fees incurred by plaintiff were a
direct result of defendant's acts of domestic violence. In his comprehensive
review of plaintiff's fee certification, the judge determined plaintiff's legal
expenses were causally connected to defendant's acts of domestic violence. The
judge expressly excluded charges he found to have been associated with
"collateral matters" unrelated to the domestic violence litigation.
We also reject defendant's contention that the judge's global twenty-five
percent reduction in fees lacked specificity. The reasonableness of an award of
fees under the PDVA requires consideration of the factors specified under RPC
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1.5(a). See Furst v. Einstein Moomjy, Inc., 182 N.J. 1, 22 (2004). After
applying the factors under the RPCs, the judge explained his reasons for the
amount awarded and the sums rejected. Additionally, the judge was well within
his discretion to reduce the fees awarded when implementing the twenty-five
percent reduction. "The Family Court possesses broad equitable powers to
accomplish substantial justice." Finger v. Zenn, 335 N.J. Super. 438, 446 (App.
Div. 2000). We agree with the judge's determination that "substantial justice"
was best served by a twenty-five percent reduction based on the parties' different
financial circumstances.
Further, we reject defendant's challenge to the judge's inclusion of expert
costs in the fee award. Defendant contends the judge failed to conduct a detailed
analysis awarding expert fees and the expert's fees were disguised as attorney's
fees.
Although we do not have the benefit of the judge's rulings throughout this
protracted domestic violence litigation, the judge's September 16, 2025 decision
noted he previously addressed the status of plaintiff's expert who happened to
be an attorney. The PDVA provides a non-exhaustive list of "compensatory
losses" to be awarded to a domestic violence victim. The statute does not
exclude an award of expert fees as part of the prevailing party's compensatory
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damages. N.J.S.A. 2C:25-29(b)(4). Moreover, defendant fails to raise any
specific challenge to the fee charged by the expert in the domestic violence
matter. In the absence of a specific challenge to the expert's fee, we are satisfied
the judge did not abuse his discretion in awarding the unrebutted expert costs
incurred by plaintiff in prosecuting his domestic violence claims against
defendant.
Affirmed.
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