Nebraska Petition to for Restraining Order due to Domestic Violence

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Multi-State
Control #:
US-02223BG
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Word; 
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Description

A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.

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FAQ

Forms and Filing file a Notice of Appeal (CC ) with the clerk of the county court; pay the clerk of the county court the docket fee for filing cases in the district court; file a Request for Transcript(CC ) and. file a Request for Bill of Exceptions(CC ) Neb.

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.

If an order is issued ex parte, such order is a temporary order and the court shall forthwith cause notice of the petition and order to be given to the respondent.

If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to ?dissolve? (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.

Upon the filing of such a petition and affidavit in support thereof, the court may issue a harassment protection order without bond enjoining the respondent from (a) imposing any restraint upon the person or liberty of the petitioner, (b) harassing, threatening, assaulting, molesting, attacking, or otherwise disturbing ...

Protection orders may be filed with the court at no cost and without an attorney.

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.

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Nebraska Petition to for Restraining Order due to Domestic Violence