Nebraska Common to all protection types, Dismiss, Motion to Vacate and Set Aside and to Dismiss Protection Order (English) is a set of rules and regulations that are applicable to all forms of protection orders in the state of Nebraska. These rules and regulations are designed to ensure the protection of individuals from potential harm or danger. They include such elements as the filing of a petition for a protection order, the legal criteria for granting the protection order, the process for serving the protection order, and the requirements for filing a motion to vacate or dismiss a protection order. The two types of Nebraska Common to all protection types, Dismiss, Motion to Vacate and Set Aside and to Dismiss Protection Order (English) are: 1. The Nebraska Protection Order Statute (Neb. Rev. Stat. §§ 42-926-01 to 42-926-18) which outlines the legal criteria for granting protection orders, the process for filing a petition for a protection order, and the requirements for filing a motion to vacate or dismiss a protection order. 2. The Nebraska Rules of Civil Procedure (Neb. Rev. Stat. §§ 25-1501 to 25-1721) which provide the procedural rules for filing and responding to a motion to vacate or dismiss a protection order, as well as the process for serving the protection order.
Nebraska Common to all protection types, Dismiss, Motion to Vacate and Set Aside and to Dismiss Protection Order (English)
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FAQ
A judge may dismiss a case without prejudice in order to allow for errors in the case presented to be addressed before it is brought back to court. A judge will dismiss a case with prejudice if he or she finds reason why the case should not move forward and should be permanently closed.
An action may be dismissed without prejudice to a future action (1) by the plaintiff, before the final submission of the case to the jury, or to the court where the trial is by the court; (2) by the court where the plaintiff fails to appear at the trial; (3) by the court for want of necessary parties; (4) by the court
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.
The judge will determine whether the appeal must be refiled by the appellant or whether it will be automatically refiled by the judge as of a date certain. When a dismissal without prejudice is issued over the objection of the appellant, the appeal will be automatically refiled as of a date certain.
Dismissal Without Prejudice For example, if a person beats another person very severely, the prosecutor may file assault charges against the aggressor. If the victim later dies, the prosecutor may want to drop the assault charges in favor of a murder charge.
A dismissal with prejudice is much more desirable for the defendant than dismissal without prejudice. When a criminal case is dismissed with prejudice, the prosecutor cannot file new charges or reopen the case. The dismissal permanently ends the case in the defendant's favor.
If a default judgment is entered against you, you can file a Motion to Set Aside, Modify or Vacate that judgment (CC ) with the county court instead of filing an appeal. The motion must be filed within 30 days after the entry of judgment.
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.