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Nebraska Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Nebraska on
Q: Is the following term considered "reasonable" when purchasing digital goods: Both parties must own the asset.

Most digital creators have something along the lines of the following in their TOS:

You are allowed to commission/take commissions for putting the asset on an avatar, however both parties must own a license.

From my understanding, it would seem as though this is unreasonable. I... View More

James L. Arrasmith
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answered on Jan 4, 2024

In the realm of digital goods and intellectual property, terms and conditions, including licensing requirements, are often set by the creators or distributors of these products. The requirement that both parties must own a license to commission or work with a digital asset is not uncommon in this... View More

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: I got pulled over for expired registration (expired for 4 months) and for no insurance.

I didn’t get a ticket but do have a court date. I now have insurance but was not financially able (due to a change in my finances as well as health issues) to pay to update my registration before the court date. I’m so nervous going into court without being able to update my registration. Will... View More

T. Augustus Claus
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answered on Jan 3, 2024

In Nebraska, driving with expired registration and no insurance are considered traffic violations. While you did not receive a ticket on the spot, the court date indicates that you may face consequences for these infractions. It's crucial to update your registration and obtain insurance before... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: If there is no legal custody set up for my child. can I be called in for kidnapping if I decide to keep my child.

I picked up my child for Christmas break and when I did, I smelled marajuana in the house that she was living in. After doing an at home drug test and it coming up positive, I have decided to have my child live with me. My child's mother is insistant that I need to return her however custody... View More

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

It depends. It is rare for there to be grounds for a kidnapping charge to be filed against a parent of a child. If you are not legally established as the father, then there may be grounds for kidnapping. If you haven't seen your child in years, then there may be grounds. If there is an... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Nebraska on
Q: me and my girls where arguing and I tried to leave the house but she wouldn't let me and I tried forcing my way out door

door and I threw my phone and it accidentally called 911 and the cops showed up and she pushed me down but I accidentally pushed her off of me by the throat cuz she knocked me down butI got scared and ran so they had a warrant for my arrest and I was put in jail for 7 days and someone paid the bond... View More

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

You should contact a criminal defense attorney. If there is also a custody dispute, then you may also need to file a custody action or a custody modification action. It doesn't sound like this last exchange was very positive for you or the children. Going forward, you may need to have your... View More

2 Answers | Asked in Family Law for Nebraska on
Q: Is my marriage legal and how do I apply for a new marriage license with someone else? Is my married name legal?

After my husband passed away I found out he was still legally married to someone else

James L. Arrasmith
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answered on Dec 31, 2023

Discovering that your husband was still legally married to someone else at the time of your marriage raises significant legal questions about the validity of your marriage. In most jurisdictions, if a person is already married, any subsequent marriage is usually considered void from the start. This... View More

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2 Answers | Asked in Civil Litigation and Civil Rights for Nebraska on
Q: Are places allowed to ban you from coming back IF the pharmacy you go to is in the building? Is there a work around?

The context is that I went to a store for a money order. Staff are horrible with noticing people at customer service. Typically when it's like that, I will look around the store and think of if I need anything. Which, staff were glaring at me. After getting the money order, I get some stuff... View More

James L. Arrasmith
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answered on Dec 29, 2023

In Nebraska, as in most states, private businesses, including stores with pharmacies, generally have the right to refuse service or ban individuals from their premises. This can be for various reasons, as long as it's not based on discrimination against a protected class under civil rights... View More

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1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Nebraska. we have a tenant that had a guest move with out our permission. she doesn't want to leave. is she trespassing

she is not on the lease and the lease specifically states "no guest".

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

Potentially yes. This may also be a breach by the tenant that is on the lease. Sometimes it makes sense to move forward with the eviction process against the tenant (and thus anyone else on the premises there unlawfully) if the tenant has breached the lease by allowing those not on the lease to... View More

1 Answer | Asked in Car Accidents for Nebraska on
Q: Hit a car accidently. Didnt have paper went home came back no car was there.

I called the police and the non emergency number of the local pd. They said since it was on private property can’t do anything but to leave info with worker at building parking lot. I told them I don’t want a hit and run charge they said this should be fine. Am I safe from any charges?

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

You should follow up with the person that you hit, even if on private property. Assuming you have since had contact with who you hit, generally, calling in the accident and reporting yourself to law enforcement at the scene prevents the prosecutor from filing hit and run charges. If hit and run... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: If I have to push my landlord to.keep him from entering my private bedroom I least for three years paid In advance

When I pushed hin he fell down and bummed his arm and he called the police and they charged me with assault isn't this a landlord tenant civil action they cancidered him my roommate not my landlord if it mattershe.is 27.im 70

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

Your factual situation is unusual. You should speak with a criminal defense attorney. Generally you can't get physical in order to protect your space or property from a roommate without the danger of being charged with assault.

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: Can a cop give a citation for expired tags twice within 2 days of each other?

Got pulled over for expired tags & got a citation two days ago.They pulled over my mom in my car 2 days later for same thing but gave her a citation even though she is not the owner of the car and I had just gotten a citation 72 hours prior. They said I had 10 days to get it taken care of. Was... View More

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

Can they give the citation? Yes. If you get your tags updated and show such to law enforcement, can you likely get one or both charges reduced or dropped, probably.

1 Answer | Asked in Child Custody, Family Law and Criminal Law for Nebraska on
Q: visitations

My sister had her children taken from her home in February. She was granted supervised visitation, due to an ongoing criminal case. The criminal case will be closed on January 9th with a plea deal. All of the things on her case plan has been done. They are working in family therapy

James L. Arrasmith
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answered on Dec 23, 2023

In Nebraska, if your sister is under supervised visitation due to an ongoing criminal case and a child welfare case, the resolution of her criminal case with a plea deal could potentially impact her visitation rights. However, the child welfare case is generally treated separately from the criminal... View More

1 Answer | Asked in Family Law for Nebraska on
Q: I need a temporary guardianship form?

My child will be staying with her grandparents and she needs to be enrolled in school in another state. I have a parenting plan in place and need to get it modified. There school system needs a temporary guardianship signed by the court to enroll her in school.

Julie Fowler
Julie Fowler
answered on Dec 22, 2023

If this is just temporary and both parents are in agreement, then you can generally use the temporary delegation of parental powers form on the Nebraska Supreme Court's website. Both parents would normally need to complete the form. It would be up to the school whether this form would be... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My family moved out of our rental at the end of October 2023. At move-out inspection, landlord indicated damage present.

He thought 1 wall was not correctly patched and should be replaced and upstairs and basement living carpets were stained and must be replaced. He indicated we would settle it between us. Husband told him to just keep the deposit. We waited 35 days from then before following up. We have not yet... View More

Julie Fowler
Julie Fowler
answered on Dec 22, 2023

The Nebraska Legal Aid Landlord Tenant Handbook is a often a good place to start and includes some samples and forms. It is a little bit dated but most of the information is still good and it is often a good place to start for information.... View More

1 Answer | Asked in Child Support for Nebraska on
Q: I pay my child support and my children are in their 40s but my ex keeps all the money and they see none of it.

I thought the court order says child support not spousal support is this legal for her to do?

Julie Fowler
Julie Fowler
answered on Dec 22, 2023

Child support is for support of the children. However, it is owed to the custodial parent, not the children. Thus, if there is back child support, it is owed to the parent that raised the children, not the children.

1 Answer | Asked in Family Law, Child Custody and Child Support for Nebraska on
Q: He is not compliant with the court ordered agreement rules.he has broken/gone against almost every single oder on papers

Childsupport ordered they didnt even go based on his actual salary causs he is union.he lied on his income only claimed 2 employers.i proved it in court first appearance.what can i do?.

Julie Fowler
Julie Fowler
answered on Dec 13, 2023

If you disagree with what the Court ordered, you can challenge the order. Your options to challenge the order depend on how long ago the order was entered. If it was entered very recently, you may be able to file a motion for new trial or an appeal, among other possible motions. Some of these... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: I think my husband filed for a divorce back in 2020 after us being separated 7 yrs whole he was in prison behind my back

I found court papers he filled out when he was in prison in Nebraska State. They called it "dissolution of marriage" which he wrote down that he didn't know how to contact me and tried my parents phone but no one ever answered. There is a notary signature on it. My question is how do... View More

Julie Fowler
Julie Fowler
answered on Dec 13, 2023

You can go on the State of Nebraska Judicial Branch website and search for court cases under your name and his name. If you have a divorce case in Nebraska, it should show as a court case in Nebraska under the parties' names. I believe there is a relatively small fee to search for... View More

1 Answer | Asked in Gov & Administrative Law for Nebraska on
Q: What does time pay mean for hearing type
James L. Arrasmith
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answered on Dec 10, 2023

In the context of court proceedings in the United States, the term "time pay" usually refers to a type of arrangement regarding the payment of fines, fees, or court costs. This arrangement allows an individual to make payments over a specified period, rather than paying the entire amount... View More

1 Answer | Asked in Gov & Administrative Law for Nebraska on
Q: What is court hearing type "time pay" mean?
James L. Arrasmith
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answered on Dec 10, 2023

In the context of court proceedings in the United States, the term "time pay" usually refers to a type of arrangement regarding the payment of fines, fees, or court costs. This arrangement allows an individual to make payments over a specified period, rather than paying the entire amount... View More

1 Answer | Asked in Tax Law for Nebraska on
Q: How long after my parents passed away do I need to keep old medical bills and other documents
James L. Arrasmith
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answered on Dec 10, 2023

In Nebraska, there isn't a specific time frame mandated by law for how long you should keep old medical bills and other documents of your deceased parents. However, it's generally advisable to retain such records for a period that aligns with any potential legal, tax, or estate settlement... View More

1 Answer | Asked in Domestic Violence for Nebraska on
Q: My husband and I were both charged with 2nd degree domestic violence/bodily injury and given no contact order....does th

Does that order include family members or pertain to just he and i?

Julie Fowler
Julie Fowler
answered on Dec 4, 2023

It includes the people that are stated on the no contact order. If you aren't sure, contact your defense attorney. Ask to clarify so that you don't accidentally breach the no contact order.

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