Nebraska Sexual Assault, Petition and Affidavit to Obtain Sexual Assault Protection Order is a legally binding document used to obtain a court-ordered protection order against a person accused of sexual assault in the state of Nebraska. This document allows for a protection order to be issued against the accused person that can include, but is not limited to, restraining orders, no contact orders, and orders of protection. The document serves as a way to provide victims of sexual assault with a legal remedy to seek protection from their assailant. There are two types of Nebraska Sexual Assault, Petition and Affidavit to Obtain Sexual Assault Protection Order: Temporary and Permanent. The Temporary Sexual Assault Protection Order is issued immediately upon the filing of the petition, and is in effect until the court decides whether to issue a Permanent Sexual Assault Protection Order. The Permanent Sexual Assault Protection Order is issued after the court has heard evidence and arguments from both sides and determined that there is sufficient evidence to issue a permanent protection order.
Nebraska Sexual Assault, Petition and Affidavit to Obtain Sexual Assault Protection Order
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FAQ
Violation of a Protection Order: Any person convicted of violating the terms of a protection order after being served shall be guilty of a Class I misdemeanor. Any person convicted of violating a protection order who has a prior conviction for violating a protection order shall be guilty of a Class IV felony. Neb. Rev.
You are free to change your mind and ask the court to dismiss the protection order or the request for renewal. However, the judge decides whether it will be dismissed to make sure that you were not forced to change your mind.
Consequences of a Violation No warrant is required for this kind of arrest, and a restrained person who violates an order may be immediately taken to jail. Usually, violation of a protective order is a Class A misdemeanor in Utah, with penalties including up to one year in jail and a fine of up to $2,500.
Violating No-Contact Provisions Any communication with the other party is a violation of the no-contact order. A violation would cause the individual to go back to jail.
If you want to contest the entry of the order, you have 10 business days from the day you were given the order by the sheriff to ask the court in writing for a hearing by filing with the clerk of the district court. The hearing will allow both sides to tell the judge their side of the story.
Sexual assault; use of electronic communication device For all felonies, (i) indictment must be found by a grand jury within three years after commission of the offense, or (ii) a complaint must be filed within three years after commission of the offense, and a warrant for arrest of defendant must have been issued. 1.
(1) Any person who subjects another person to sexual penetration (a) without the consent of the victim, (b) who knew or should have known that the victim was mentally or physically incapable of resisting or appraising the nature of his or her conduct, or (c) when the actor is nineteen years of age or older and the
1. A person commits the offense of domestic assault in the third degree if he or she: (a) Intentionally and knowingly causes bodily injury to his or her intimate partner; (b) Threatens an intimate partner with imminent bodily injury; (c) Threatens an intimate partner in a menacing manner.