Adler

Theresa Adler appeals from an order awarding attorney fees pursuant to Code of Civil Procedure section 527.6, subdivision (h). She asserts that the court cannot award a defendant attorney fees where she has been deprived of the opportunity to proceed to a full, due process hearing under section 527.6 through no fault of her own and that where the plaintiff has a temporary restraining order, the court should award attorney fees in her favor if the circumstances so warrant.

We hold that appellant was not deprived of a “full, due process hearing” since she voluntarily dismissed her petition with prejudice and that the trial court did not err in awarding attorney’s fees to respondent.

Facts

Appellant filed a petition for injunction prohibiting harassment September 15, 1992, in which she alleged that she had made a report with the San Luis Obispo Sheriff’s Department against respondent, a police officer, for sexual battery and that an administrative inquiry was being conducted by his department. She further alleged that respondent stopped her as she was walking home from work September 3, 1992, and accused her of taking down a street sign. Earlier in the evening she had…