Get free answers to your Domestic Violence legal questions from lawyers in your area.
answered on May 5, 2020
It depends the origins of the no contact order and how you are related to the no contact order. If you are the victim, generally you contact the victim-witness department in the County attorney's office and request the no contact order be dropped. It is ultimately up to the judge whether to... View More 
My boyfriend and I are breaking up. It has been physical abuse and Mental. Now he's telling me to go kill myself. After he already knows that I have history of mental illness.
In Nebraska, is it possible to get a re hearing for a harassment protection order or to expunge the order from public records after the time has passed? My ex filed one against me and submitted lots of manipulated evidence I was not prepared for This manipulated evidence had nothing to do with... View More
answered on Nov 18, 2019
You can appeal the granting of a harassment protection order just as you can appeal other final court orders. There are other potential motions to challenge a final court order, such as a motion to reconsider or a motion for a new trial depending on the specific facts of the case. Generally once... View More
answered on Aug 27, 2019
If the parties reach an agreement as to a plea deal, then it is often (but not always) the defendant's counsel that files a motion for an entry of a plea. Even more common is for the plea to be entered at an already scheduled hearing such as at a pre-trial or at the trial without a separate... View More
What are my options? There was no abuse except by her. There is a past though and I just got home from prison in Dec.
answered on Jul 1, 2019
If a spouse leaves with their child and the spouse left behind wants to pursue a divorce, the way to start a divorce action is generally to file a complaint for dissolution of marriage. In Nebraska, one of the spouses must have resided in the State of Nebraska for at least a year before a divorce... View More
Ex husband was very abusive, reports and rrests on dv. Bc of a recent case with hhs and drug use (children not exposed in any way via proof hair follicle test) Temp guardianship was given to my parents. The ex, who was just released from jail on the exact same charges as me after being completely... View More
answered on Jun 24, 2019
You may want to take a look at the Nebraska Supreme Court case at Cesar C. v. Alicia L, 281 Neb. 979 (2011). In this case, the mother and non-biological father signed a notarized acknowledgment of paternity (the document signed that puts a father's on a birth certificate) stating that the... View More
Or is it saying that in a criminal case that spousal privilege cannot be exercised?
answered on Apr 7, 2019
Spousal privilege cannot be claimed. The idea of it as a defense in a criminal matter (domestic assault, sex trafficking, drugs) is really no longer valid. Some communication may be excluded or barred, but over the year the privilege has been eroded.
answered on Feb 1, 2018
The no contact is until the case has been resolved unless the court allows the contact. My suggestion is that you have her lawyer remove the no-contact order or if your the alleged victim you speak to the prosecution and her lawyer about having it removed. A good criminal lawyer should be the... View More
I have a friend who lives in omaha Ne and she plans to move out during the summer of graduation. She will be 17 (a couple months with in 18) or have turned 18 at the time of moving out. If she has a job, a place to live for free, is engaged to her boyfriend and has consent of her dad but not her... View More
I am 15 and my ex boyfriend faces Assault in the Third Degree charges. I have gotten access to screenshots of him asking other females to try and fight/assault me. Does this help my case in any way?
answered on Jan 23, 2017
Just to clarify, it's not your case, but rather the state's case. That is, you are a witness or victim to a crime and now, it seems, the state of Nebraska is pursuing charges against your ex-boyfriend. To be clear, your ex-boyfriend could be found guilty based on your testimony alone if... View More
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