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Dalenberg v. Dalenberg

The trial court erred in awarding attorneys' fees to the wife under O.C.G.A. §§ 9-15-14 and 19-13-4 following the resolution of the parties' motions concerning the future status of a family violence 12-month protective order.

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Mr. Dalenberg filed an application for discretionary review of an order awarding attorney fees pursuant to OCGA §§ 19-13-4 and 9-15-14 to his ex-wife, Ms. Dalenberg, in his action to dismiss or modify a family violence 12-month protective order. We granted Mr. Dalenberg’s application for discretionary appeal, and this timely appeal ensued. For the reasons that follow, we reverse.

The relevant facts are as follows. Mr. Dalenberg had been a White County Sheriff’s deputy until his employment was terminated on or about July 22, 2011. Following his termination, Mr. Dalenberg retained his P.O.S.T. certification pending a review by the Georgia Peace Officer Standards and Training Council.

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