Remedies

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  • (a) Abuse and neglect. In any civil action brought under this chapter, when it is proven by clear and convincing evidence that a defendant is liable for physical abuse, neglect or financial abuse, as defined in this chapter and the defendant has been found to have been negligent, oppressive, fraudulent, or malicious in the commission of the abuse or neglect, in addition to all other remedies otherwise provided by law—

    • (1) The court shall award reasonable attorney's fees and costs to the prevailing party, including reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this chapter.

  • (b) Abduction. In any civil action brought under this chapter, when it is proven by clear and convincing evidence that an individual is liable for abduction, as defined in this chapter, in addition to all other remedies otherwise provided by law:

    • (1) The court shall award to the plaintiff reasonable attorney's fees and costs. The term “costs” includes, costs of representing the abductee and the abductee's family in this territory and any other jurisdiction in any action related to the abduction and returning of the abductee to this territory, as well as travel expenses for returning the abductee to this territory and reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this article. The award of attorney's fees is governed by the principles set forth in this chapter.


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