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Questions Answered by Julie Fowler
1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Nebraska on
Q: wronfully convicted

awarded my appeal after being in work release but never notified so conviction stuck how do i go about this

Julie Fowler
Julie Fowler
answered on May 24, 2023

If you are successful on appeal, the Appellate court can do a number of things. For example, the appellate court can send back to the trial court for further hearing or the appellate court can issue a new final ruling without further hearing. What your options are depend on what specifically... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: If the petitioner contacts the respondent from jail can the respondent be charged for VOP for each phone call made

The conversation on the phone was about their child in common and how to get $15000 to bond the petitioner out of jail which the respondent did

Julie Fowler
Julie Fowler
answered on May 24, 2023

The protection order is against the respondent, not the petitioner. Thus, the petitioner would not be charged even if they initiated contact to the respondent. The respondent could be charged with a violation of protection order for responding. When determining whether to file the violation of... Read more »

2 Answers | Asked in Immigration Law for Nebraska on
Q: How can an undocumented immigrant marry a u.s. citizen and how,they have no paperwork?

I am a born and raised citizen,she is from Mexico,with no D.a.c.a. ,how can we legally get married?

Julie Fowler
Julie Fowler
answered on May 24, 2023

As long as you meet the requirements to get a marriage license, you should be able to get married. Generally, it is not difficult to meet the marriage license requirements. They include things like minimum age requirements to marry. You can find the requirements for a marriage license on the... Read more »

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1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Nebraska on
Q: NEB/ my child support case required a referree report, is it true a referee is only required for step parent/non custdia

ive never did a paternity test but i did sign the birth certificate & a AOP i had a child support case which was dismissed because my son is with me more then his mother & ive had insurance since he was born, a referree report was required, i had 14 days to come back to court which i was... Read more »

Julie Fowler
Julie Fowler
answered on May 24, 2023

The Child Support Referee is a type of judge that primarily handles child support cases. One way to think about it is to think that the child support referee is under the supervision of the district court judges. There are so many child support cases and it helps to have a specialized judge to... Read more »

2 Answers | Asked in Family Law, Real Estate Law, Collections and Municipal Law for Nebraska on
Q: How can I protect myself and my property from debtors who are suing my girlfriend, whose name is on the deed also ?

We've been together 20yrs, but never married. We are both on Social Security Disability, and rely on each other in times of need. Her name is on the deed simply because I have no living relatives to leave anything to. (I've paid for the property outright from an inheritance) She's... Read more »

Julie Fowler
Julie Fowler
answered on May 11, 2023

She needs to defend against the action that she was served with and speak with an attorney now. She likely need to file a response with the Court now and take other actions to respond to the lawsuit or she may unintentionally waive some of her rights. If the creditor is persuing the home and you... Read more »

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1 Answer | Asked in Consumer Law and Contracts for Nebraska on
Q: We bought a used camping trailer and were told everything worked in OCT. 2022. When we got it home it sat till middle

of April. Ref. don"t work on electricity, parts gone from it couldn't have worked at their sales. Says 30 warranty over. They won't help us, what can we do now? The parts that are missing no way it could have worked for them.

Julie Fowler
Julie Fowler
answered on May 9, 2023

If you have a purchase agreement or other contract, you would need to review the terms of your agreement. Unless there is a fraud or another bad act, the Court will generally hold both parties to the terms of the written agreement so reviewing the contract is generally one of the first places to... Read more »

1 Answer | Asked in Employment Law for Nebraska on
Q: My previous employer is basically refusing to pay me on a couple of missed deposits

While working for Casey’s, I was working more hours than anyone. Not only was I told I needed to start clocking out and continuing my work but they also owe me a lot of money. While doing my 2022 taxes I had noticed a couple of pay dates that were not deposited into my accounts. I emailed the... Read more »

Julie Fowler
Julie Fowler
answered on May 9, 2023

You have a number of options. Accounting errors due happen and are generally resolved by the employee bringing such to the employer's attention.

However, if an employer is not paying for wages earned, you can make a complaint for such through the Nebraska Department of Labor:...
Read more »

2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: Hello, I finally got to the court date and now they say the complaint was not signed. Everything canceled what do I do.

I have no attorney, I done all they asked. I had a court date now I don't. Because they say the complaint wasn't signed. Not sure what they are talking about. Is there anything I can do to get the proceedings back on track to get this divorce over with. Thank you for your help

Julie Fowler
Julie Fowler
answered on May 9, 2023

There are certain court procedures that you must follow to complete your divorce. If the Court finds that the Complaint is not valid, you may be able to fix the complaint by filing an amended complaint.

If the complaint is not fixable, you may need to file the complaint again as a new...
Read more »

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1 Answer | Asked in Small Claims for Nebraska on
Q: Is 100$ worth going to small claims court over (Omaha, NE)

I had a friend borrow just about 100$ from me through CashApp. I just found out that she has no intention of paying me back. Cashapp couldn't recover the money. Is this worth it? I do have records of the transactions but I do not have records of the conversations. They were on snapchat though... Read more »

Julie Fowler
Julie Fowler
answered on Apr 28, 2023

If it was a gift, the person doesn't have to pay you back. If it was a loan, you can bring an action to ask the Court to force the other party to pay you back pursuant to the terms of your loan agreement, even if it was an oral argument. You can review your evidence to see if you have enough... Read more »

1 Answer | Asked in Consumer Law and Construction Law for Nebraska on
Q: Contractor replaced siding and gutters on my home as agreed. When I returned home, I found my screen porch gone

Contractor explained workers were at the wrong house. It was a mistake. I’ve given four months of opportunity for them to replace the porch as it was and they stayed there done but the porch is not as it was due. I have to pay them.

Julie Fowler
Julie Fowler
answered on Apr 28, 2023

You would likely need to at least pay them for whatever work they did accomplish minus whatever reasonable damages still remain from what they did when they accidentally removed the porch. You would need to speak with an attorney about the specifics of your case to see if that is your best course... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: What is the proper motion to file to ask for immediate return to home in a CPS involved case?

The kids are in an unsafe home & rather than admitting they did something wrong, CPS is digging their heel in & doubling down by ignoring obvious safety issues and hiding or just not showing the judge reports made against this home by neutral parties. What is the proper motion to file to... Read more »

Julie Fowler
Julie Fowler
answered on Apr 28, 2023

There isn't a specific motion for this. What you file depends on the specific facts of the case, what specific evidence you have, and where you are at in the process. Sometimes the better course of action is to first share your evidence with CPS and the guardian ad litem to investigate... Read more »

2 Answers | Asked in Bankruptcy for Nebraska on
Q: Chapter 7 bankruptcy in inherited

I became disabled. I need to file chapter 7 bankruptcy. I am about to receive inherited money in new few months. The problem is i owed more than I will receive. don’t know what to do. can someone help

Julie Fowler
Julie Fowler
answered on Apr 28, 2023

I don't disagree with the other attorney. However, when you speak with a bankruptcy attorney, you may want to make sure they also handle estate planning matters. If not, you may also need to speak with an estate planning attorney as well. If it sounds like any inheritance you receive may... Read more »

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2 Answers | Asked in Family Law and Child Custody for Nebraska on
Q: My wife has taken our children out of state (from NE to AZ). Is there anything I can legally do to stop her?
Julie Fowler
Julie Fowler
answered on Apr 28, 2023

It depends on what you want to do and what her intentions are. If she has moved the children out of state (which we call "removal"), then you can file an action to ask the Court to order the children back to Nebraska. If she moved the children out of state without your agreement, the... Read more »

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1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: We are trying to find a pro bono lawyer in Lincoln. How do we look for one? Thanks for your help!!

My daughter is trying to find a pro bono lawyer in Lincoln or at least one that would be able to work with her financial situation. The father of the girls has moved out of State and is very unstable. She is worried that if she does not receive Full Custody and he happens to come back to Lincoln,... Read more »

Julie Fowler
Julie Fowler
answered on Apr 12, 2023

If you file a custody action, the Court will set forth who has custody and what each parent's parenting time will be. This could include specifics as to whether the father gets to take the children out of state or not and how much time he has with the children.

There are a number of...
Read more »

2 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: how do i change custody

i need more explanation through the process and how to change custody

parent has no custody because of drug past and has changed and gotten better but she is still being held against for that reason

Julie Fowler
Julie Fowler
answered on Apr 12, 2023

If the parent now has a history of sobriety, a judge is generally likely to give the parent at least some parenting time with the child. I agree with the other attorney that what specifically is likely in your case can depend on which judge happens to be assigned to your case. Many factors are... Read more »

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1 Answer | Asked in White Collar Crime and Criminal Law for Nebraska on
Q: I have a consoling merchandise charge that I didn't qualify for diversion for that has turned into a warrant. Below $100

I also have a shoplifting & trespassing charge below $50. I believe I had nervous break down. What can I do to change these to anything not associated with theft so that I can secure employment

Julie Fowler
Julie Fowler
answered on Mar 28, 2023

You would need to retain a criminal defense attorney or public defender to assist you. You may be able to have your charges reduced or dismissed. It may make sense to take the case to trial and have the prosecutor prove their case or the charges dismissed. Alternatively, if it doesn't make... Read more »

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Is a 16 year old able to speak on their own behalf at a custody modification hearing in Colorado ?

The last hearing was when the child was 10

Julie Fowler
Julie Fowler
answered on Mar 28, 2023

I can't comment on how Colorado does things but in Nebraska, a child that is of suitable age and experience may be allowed to testify at trial. Generally 16 years old is old enough but it depends on the specific child and specifics of the case. Most cases settle without a trial so generally... Read more »

1 Answer | Asked in Municipal Law for Nebraska on
Q: Is it illegal to park a car facing the opposite direction on a residential street in Lincoln NE

I could not find anything saying that it's illegal or against the law

Julie Fowler
Julie Fowler
answered on Mar 20, 2023

The driver's license manual in Nebraska includes this requirement. You would have to look at the regulations and statutes to see if the requirement is from the regulations or statutes if you couldn't find it in your city's local ordinances.... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: how do i answer a complaint to modify custody
Julie Fowler
Julie Fowler
answered on Mar 20, 2023

You can see some examples of an "answer" on the Nebraska Supreme Court's website under forms. In family law cases, most of the time, you file both an Answer as your response to their Complaint and then also a counter complaint to ask for what you would like the Court to grant.... Read more »

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1 Answer | Asked in Small Claims for Nebraska on
Q: Got an air compressor on Facebook but didn't have money to pay the guy loaded them anyways said pay him later

Got them home and researched them found out its not worth anything and there is no way I can use it contacted the seller and said I can't use it I'm just going to bring it back he refuses to let me bring it back to him and says he is going to get the law involved if I don't pay him... Read more »

Julie Fowler
Julie Fowler
answered on Mar 2, 2023

Unlike many businesses that allow free returns, you generally don't have the right to return an item you purchased from a private seller, absent fraud, etc. by the seller. If you have an agreement to pay for something you received, the Court will generally hold you to pay for it, even if you... Read more »

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