Tuesday, November 23, 2010

Attorney's Fees May Be Awarded If False Affidavit Filed

There is a specific provision included in the local rules of the Clark County courts that allows for attorney's fees to be issued to an Adverse Party for defending itself against an improperly filed Protective Order.  "(n) The applicant may be ordered to pay all costs and fees incurred by the adverse party if by clear and convincing evidence it is proven that the applicant knowingly filed a false or intentionally misleading affidavit."
Nev. EDCR 5.22.  Along with having to show there was fraud, the standard of proof evincing the fraud is very high, "clear and convincing evidence."  This is contrary to the standard of proof for obtaining a Protective Order which is very low "to the satisfaction of the court."  In rare cases, it may be possible to be awarded attorney's fees.   One scenario could be if an Applicant included facts in an application that he was in Las Vegas when an Adverse Party provided phone records or plane tickets evidencing that they were in Oregon.  There are also other rules and case law that could be employed to request an award of attorney's fees to an Adverse Party.  It is very difficult to obtain an award of attorney's fees in any civil case, but, in certain cases, it may be possible for an Adverse Party to be awarded attorney's fees.  Please remember, attorney's fees can be awarded to the Applicant as well, and it is easier for the court to do so. 
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.

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