Nebraska Statutes 30-705. Costs and attorney’s fees; remedies
(1) Upon a motion by a party or upon the court’s own motion, if the court finds during a hearing pursuant to section 30-704 that a person is knowingly isolating the resident from visitation by a family member petitioner, the court may order such person to pay court costs and reasonable attorney‘s fees of the family member petitioner and may order other appropriate remedies.
Terms Used In Nebraska Statutes 30-705
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Year: shall mean calendar year. See Nebraska Statutes 49-801
(2) No costs, fees, or other sanctions may be paid from the resident’s finances or estate.
(3) If the court determines that the family member petitioner did not have probable cause for filing the petition, the court may order the family member petitioner to pay court costs and reasonable attorney’s fees of the other parties and may order other appropriate remedies.
(4) Remedies may include the payment of the fees and costs of a visitor or a guardian ad litem.
(5) An order may be entered prohibiting the family member petitioner from filing another petition under sections 30-701 to 30-713 in any court in this state for any period of time determined appropriate by the court for up to one year.
Source
- Laws 2017, LB122, § 4;
- R.S.Supp.,2017, § 42-1304;
- Laws 2018, LB845, § 5.