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Nebraska Questions & Answers
0 Answers | Asked in Environmental for Nebraska on
Q: 37-411 citation states "take fish without permit" but never took fish from the water, can I be charged

wife and I, were paddle fishing I had a permit she did not, i seen no harm in us both trying to catch one. we never caught one.

2 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: How does father of a child, who didn’t sign the birth certificate, establish paternity even though it’s been 5 years?

The mother has been elusive and blocked the fathers every attempt to pay child support, see the child, and the father lives In California while the mother is in Nebraska

Julie Fowler
Julie Fowler
answered on Nov 18, 2024

The statute of limitations to establish paternity in Nebraska is 4 years old. If you have a relationship with the child, you can file outside of the 4 year statute of limitations as the "next friend." For example, if your child lives with you but you never added your name to the birth... View More

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0 Answers | Asked in Employment Discrimination, Health Care Law and Nursing Home Abuse for Nebraska on
Q: I reported misuse of resident funds, They are being investigated for fraud. I am blamed. I want to leave.

I am working with the attorney general. They know. My job is hell now can I collect unemployment due to hostile work environment? Prior to this I was told I was doing a fabulous job. When they realized I had reported them everything changed. My boss attacks me verbally every day poor stupid things.... View More

1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for Nebraska on
Q: Can you have Christmas lights on your car in NE?

The only information I found was that you can not have red or green lights visible directly in front, and you can not have flashing or amber lights. Does this mean I can have red mounted on the sides with blue as long as they are constantly on and not flashing or rotating?

Julie Fowler
Julie Fowler
answered on Nov 18, 2024

Below is a statute that addresses some of the restrictions on the lights. Depending on where you drive, there are also other ordinances and laws that apply.

https://nebraskalegislature.gov/laws/statutes.php?statute=60-6,225

If you review to the below, it has some of the more...
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1 Answer | Asked in Immigration Law for Nebraska on
Q: Can I file for asylum while I’m in f1 status? What’s the requirements? What documents are needed?

I’m an f1 visa holder, currently attending college in the U.S. and I’m from Afghanistan.

James L. Arrasmith
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answered on Nov 15, 2024

Yes, you can apply for asylum while on F1 status, and given the current situation in Afghanistan, many students have taken this path. You must file Form I-589 (Application for Asylum) within one year of your last entry into the U.S., unless you can demonstrate changed or extraordinary... View More

0 Answers | Asked in Landlord - Tenant for Nebraska on
Q: Landlords girlfriend trying to sue me but they aren’t married and she isn’t on the property as an owner I rented

I rented from him and his wife but turns out to be they aren’t married and she isn’t listed as an owner and she is the one trying to sue me. Also on the eviction notice it was only signed by her is that legal when she isn’t an owner on the property

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: If a tenant gave me a 3-day notice that they are moving out of the property, do I still give them a full deposit back?

I did not have them sign a lease, as this is my first time being a landlord.

Julie Fowler
Julie Fowler
answered on Nov 18, 2024

Nebraska Legal Aid put together a handbook with some of the more common questions for landlords and tenants in Nebraska. Some of the information is now a little data but it still has a lot of good information and resources.... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Nebraska on
Q: I am a 16 year old adopted child my mom keeps taking my phone that she doesn’t not pay for nor she bought.

What can I do to prevent this from happening?

Julie Fowler
Julie Fowler
answered on Oct 31, 2024

Generally, a parent can take a child's cell phone. This includes as part of a disciplinary measure or if the parent wants to limit or prohibit cell phone or social media use.

Almost every school now has a school counselor available to students to help talk about issues they are...
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1 Answer | Asked in Education Law for Nebraska on
Q: Hello, My wife is a special education teachers in Nebraska. She has been physically abused by a student. Options?

It started last year when she went to the ER for a possible broken finger. After that incident things stopped. This year it has all started again. The student has hit her or thrown thing at her for 3 days in a row. So on 10/25-10/29-10/30. Administartion has seen his action but nothing has been... View More

Julie Fowler
Julie Fowler
answered on Oct 31, 2024

Unfortunately, some careers have a greater risk of physical injuries than others. Generally, injuries that were caused within the line of work are compensated under workers' compensation. If you were injured at work, you should speak with a workers' compensation attorney to see if your... View More

1 Answer | Asked in Small Claims for Nebraska on
Q: If I’m an authorized user on a credit card, can the card holder sue me for the card balance?

My ex gave me access to his credit card as an authorized user and now he’s threatening to sue me for not paying the balance off fast enough. I’m already struggling as it is, and making these payments are really hard for me.

Julie Fowler
Julie Fowler
answered on Oct 31, 2024

You can contract with another person to agree to pay something for the other. If one person doesn't follow through on their end of the agreement, you may bring an action against them for breach of the terms of the contract. It doesn't have to be a written contract, but it is easier to... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: how can landlord sue a tenenant for violating the landlord tenant act which he himself is already in violation of?
Julie Fowler
Julie Fowler
answered on Oct 31, 2024

It is common for each party to claim the other party didn't follow the terms of the agreement. If an action is brought against one party, it is very common for that party to file a counter complaint stating the ways that the other party didn't follow the agreement. You would want to... View More

0 Answers | Asked in Criminal Law and DUI / DWI for Nebraska on
Q: Is alcohol considered a controlled substance by Nebraska law?

My probation officer found two bottles of alcohol that I missed when getting all of the alcohol of the property. She said this violated my probation and that she was turning it in to the county attorney. When I received the summons to appear in court for the alleged violation the paper said... View More

1 Answer | Asked in Uncategorized for Nebraska on
Q: I paid a car in Oregon but the person took my car without paying me and didn't pay me at all I put his name on title&me.

Question can I sue this person and take my car also the cash he borrowed but never paid me back. All I want is my car back and the money he owed. I got receipt of payment for my car I paid it in full. He didn't pay me at all but he wants me pay his insurance as well eventho he was the one... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2024

You have a strong case to recover both your car and the money owed. Since you have a receipt proving you paid for the car in full and your name is on the title, you can take legal action to enforce your rights. Filing a lawsuit in small claims court is a viable option to seek the return of your... View More

1 Answer | Asked in Domestic Violence for Nebraska on
Q: My husband served protection order and violated it 3 hours afterwards with the aid from friend and deputy who served
Julie Fowler
Julie Fowler
answered on Oct 31, 2024

If the protection order is against him and he violated it, then you can contact law enforcement and make a police report. Depending on the contact, the prosecutor may file criminal charges against him for violating the protection order based on your report.

If you were the one served with...
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1 Answer | Asked in Estate Planning and Family Law for Nebraska on
Q: Conservativeship of an adult

A family member keeps falling for scams and has given almost all of his retirement money away to fraudsters. Can you become a conservator for someone who is constantly giving money away to fraudsters?

Julie Fowler
Julie Fowler
answered on Oct 12, 2024

You may want to get in contact with Adult Protective Services.

If the person is no longer legally competent, you can file an action for a guardianship or conservatorship to establish someone as their legal guardian or conservator.

1 Answer | Asked in Family Law for Nebraska on
Q: Can someone file ex parte under false alligations? The father filed and took the baby from my daughter. Baby now in harm

Harms way. Family are alcoholics, assaulted my daughter with baby in arms , brother shot girl friend in head and they all live there and baby sleeps on floor now lawyers want 300 consultation and 5000 detainer can’t afford it

Julie Fowler
Julie Fowler
answered on Oct 10, 2024

When an ex parte order is granted, the Court gives you an opportunity to show your evidence and refute their evidence relatively quickly. Technically the hearing must be set within 10 days of the ex parte order being granted. You will need to present your evidence at that hearing to provide proof... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Does my ex have a say in who I choose for childcare?

My ex is refusing to pay his half of the nanny’s hourly rate (market rate) because he says it’s too expensive.

Other items of note:

Custody is Joint legal and Sole Physical

Ex lives overseas and visits are infrequent - He does not use most of the agreed parenting time... View More

Julie Fowler
Julie Fowler
answered on Oct 9, 2024

If there is joint legal custody, then both parties have some say. Most orders include language about making sure the child care is reasonable and necessary. Thus, you generally don't have to choose the cheapest child case but you also can't choose a child care that costs what is beyond... View More

1 Answer | Asked in Consumer Law for Nebraska on
Q: Is a storage unit responsible?If you're unit gets mice and ruins your belongings
Julie Fowler
Julie Fowler
answered on Oct 10, 2024

You should contact the storage unit company and report the damage. Once aware of the problem, they will need to take reasonable steps to try to remedy the situation so that further infestation isn't occurring in their units. This could be things like spraying or rat traps, if they... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Cps took my granddaughter and placed her in harms way. What can I do to get her back ASAP?
Julie Fowler
Julie Fowler
answered on Oct 10, 2024

It depends why the child was removed. Often the fastest way to get a child back is to remedy whatever the alleged concern was that led to the removal. If you are not the legal parent, then you may additionally have to prove that the legal parents are not fit. The preferred placement under the... View More

2 Answers | Asked in Animal / Dog Law for Nebraska on
Q: If I have a fenced in back yard and the neighbor does not, what is my liability if their dog puts its face through the f

Am I financially responsible?

Julie Fowler
Julie Fowler
answered on Oct 10, 2024

Put up a Beware of Dog sign. Talk with your neighbor and let them know that your dog is not friendly and that they shouldn't let their dog come into your yard or try to get through your fence into your yard. Depending on your level of concern and the power of your dog, you could put up mesh... View More

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