Contact law enforcement in your new place of residence and let them know you have a prescription. A stalking protection order is a court order issued to a victim who has been harassed under Nebraska law § 28-311.09. This protection order is available to any victim who has been harassed. When you file an order for protection from harassment, you (the applicant – the person seeking protection) can ask the judge to order the respondent (the person subject to a restrictive restriction) the following remedies: The second type of protection order is an order to protect against harassment. It does not depend on relationships, but requires a series of telephone or face-to-face contacts that frighten, threaten or seriously intimidate the victim and serve no legitimate purpose. A judge`s order to protect people from abuse, sexual assault or harassment. Visit the Nebraska State Judiciary website to learn how to apply for a self-help protection order under abuse protection. Information is provided in English, Spanish and Vietnamese. In Nebraska, there are three types of protection orders for parties seeking protection from another person: domestic violence, sexual assault, and harassment. Protection orders can be submitted to court free of charge and without a lawyer.
However, it is highly recommended that you hire a victim advocate from a victim support program or a domestic violence or sexual assault advocacy program in your area to prepare for filing an order. It is a criminal offence for a party restricted by a protection order to violate the terms of a protection order. The order will not take effect until a sheriff or deputy gives a copy to the person you are asking for protection. This person will receive a copy of all the documents you have completed. However, you can ask for a confidential address if you are afraid to reveal it. The reserved person may ask the judge in writing for a hearing so that both parties can give him their version of the facts. You must attend this hearing. If you do not appear, the judge will likely dismiss the protection order. If the judge schedules a hearing, the case officer will tell you the time and date.
It is important for the clerk to know how to contact you. Domestic violence prevention agencies or victim/witness organizations can help you stay safe while making sure the employee can find you. Please contact your local program if you need help with this. Ex parte is a Latin term meaning “on one side”. These orders are called ex parte because you can receive them without notice to the offender or the offender in the courtroom. If you are applying for a protection order, a judge can make a unilateral order if they have reason to believe that you are at imminent risk of abuse because of your affidavit or statements.1 (If the judge does not give you a unilateral order, the judge should schedule a hearing within 14 days. where the offender may be present, and you must prove that the order 2) If a unilateral order is issued, it will be served on the offender along with a form allowing the offender to request a “show cause hearing” at which the offender will appear in court and present evidence (“show reason”) why the order should be rejected – and you would provide evidence, why you should keep the arrangement. A final protection order lasts for one year, but can be extended.4 See Can I extend my protection order? for more information.
On this page, you will find general information on how to apply for a protection order. Contact a lawyer for legal advice and more complete information. If you qualify for a domestic violence protection order, you can get a custody order, which can last up to 90 days. Be sure to include information that tells the judge how your children are affected by the abuse. Temporary custody of children cannot be granted under a sexual harassment or assault protection order. Note: None of these types of protection orders are designed to protect property. When you file a domestic violence protection order, you (the applicant – the person seeking protection) can ask the judge to order the following remedy to the respondent (the restricted person): Legal Aid of Nebraska also offers an online tool to help you complete an application for a protection order as part of its Access to Justice project. A link to this tool is also available on the Nebraska Supreme Court website.
Additional provisions of the Nebraska Protection Orders Act are listed in the following table. For more articles and resources, see FindLaw`s Domestic Violence section. Note: State laws are not set in stone and may change due to the enactment of new laws, higher court decisions, or other means. You should contact a criminal defense attorney in Nebraska or do your own legal research to review the state laws you are looking for. A judge`s decision to order some or all of the above will depend on the facts of your case. A domestic violence protection order is a court order issued to provide protection to a victim of domestic violence and family or household members. Nebraska law § 42-903 outlines the definition of abuse and the relationships required to qualify for a domestic violence protection order. This includes the following relationships: If you applied for a domestic violence protection order and the unilateral order was issued, you can request a hearing as an applicant. If you would like a hearing, please contact the clerk of the district court in the county where you filed your application. If your order does not prevent the detained person from possessing or purchasing a firearm, and you want federal law to prohibit the person from owning or purchasing a firearm, a hearing is required.
If not, you do NOT need to request a hearing. Under the Nebraska Domestic Violence Protection Act, a family or household member can obtain a protection order from someone who does any of the following: Protection orders (also called protection orders or restraining orders) are issued by courts to protect individuals from harassment or unwanted contact with a potentially dangerous person. The person named in the protection order, often a person accused of domestic violence or harassment, must be at a certain distance from the person applying for the order for a period of time. He or she must also refrain from phone calls, emails or other forms of communication or contact. While injunctions can also be used to protect celebrities from overly obsessive fans, they are much rarer events. If the person violates the protection order, call the police. Under state law, that person is arrested and imprisoned for the violation. A sexual assault protection order is a court order made to protect any victim who has been sexually assaulted. Nebraska laws §28-318 through §28-320.01 outline the definitions of sexual assault as they apply to a sexual assault protection order.
When you file a sexual assault protection order, you (the applicant – the person seeking protection) can ask the judge to order the following remedy to the respondent (the restricted person): There are no costs unless a judge decides that you lied for unreasonable reasons or that you asked for the protection order. The third type of protection order is a sexual assault protection order. It is not relationship-dependent and is granted because a person has exposed or attempted sexual contact or penetration with the other person without their consent. This section defines abuse for the purpose of obtaining a domestic violence protection order. The following acts are considered abuse (domestic violence) when they occur between family or household members: In Nebraska, there are unilateral temporary protection orders and final protection orders. If the offender wishes to request a hearing, the offender must return the form to the case officer within 10 business days of receiving the order, and the hearing will be scheduled within 30 days. The judge may also order a hearing based on your request or his or her own decision to hold a hearing. The ex parte interim order shall be deemed to be a final order if the defendant has duly served the ex parte order and the following events occur: An ex parte protection order lasts until the court. In court, the judge decides whether to revoke the protection order or extend it for one year. If the other party never requests a hearing, the protection order remains in effect for one year. A sexual assault or domestic violence protection order can be renewed for 1 year and annually thereafter. The petitioner must submit the petition and the affidavit of renewal indicating the reasons for the requested extension.
If you receive a protection order, you must always have a copy with you. This protection order is valid in any state, so take it with you when traveling or moving to another state. Note: If you or someone you know is a victim of domestic violence, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or your local police department, or contact the Nebraska Domestic Violence Sexual Assault Coalition.