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Nebraska Questions & Answers
1 Answer | Asked in Criminal Law for Nebraska on
Q: My question is about probable cause

If someone is arrested on a warrant for auto theft and drugs are found on them, but the auto theft charge is dismissed because he didn't commit the crime, did the police have probable cause to search him?

Julie Fowler
Julie Fowler
answered on Jan 22, 2025

It would still be possible to have probable cause even if the related charge was ultimately dismissed. You would have to look at the overall factors. Potentially probable cause could still exist. The defendant would want to review and discuss with the criminal defense attorney a possible motion... View More

2 Answers | Asked in Family Law for Nebraska on
Q: What does it cost to get legal custody of a mentally challenged person in garden county Oshkosh Ne?
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jan 21, 2025

Your best bet to get this question answered would be to schedule a confidential consultation with an attorney who regularly handles guardianship in the location in question. How much a court case costs depends on a number of factors, including whether anyone is likely to contest the matter;... View More

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2 Answers | Asked in Family Law for Nebraska on
Q: What does it cost to get legal custody of a mentally challenged person in garden county Oshkosh Ne?
Julie Fowler
Julie Fowler
answered on Jan 22, 2025

If a person is legally incompetent, you can file a guardianship and/or conservatorship action to ask for the court to grant another person legal authority (guardianship) to assist the protected person. You would need to contact local counsel to find out the retainer for the guardianship action.... View More

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1 Answer | Asked in Criminal Law for Nebraska on
Q: My boyfriend is a convicted felon and recently got arrested for drugs and guns and is looking at two 5 to 50 charges and

Two 20-life charges how much time will I have to do

Julie Fowler
Julie Fowler
answered on Jan 20, 2025

He needs to speak with his criminal defense attorney. The charges inform you of the minimum and maximum potential penalties. The likelihood that he will be convicted or the actual range of the likely sentence depends on the specific facts. If it looks like he will likely be convicted, it is not... View More

1 Answer | Asked in Family Law for Nebraska on
Q: Can you force a minor to file a restraining order

My girlfriend’s mom is trying to force my girlfriend to file a protection order against me because I snuck over to her house with my girlfriend’s consent. We are both minors. I don’t know if she can do this especially because I did nothing wrong.

Julie Fowler
Julie Fowler
answered on Jan 20, 2025

A parent can generally file for a protection order on behalf of their child. The child doesn't have to consent to the parent filing on their behalf. The Court can grant the protection order over the child's objection if the Court believes that the protection order is in the child's... View More

1 Answer | Asked in Car Accidents, Estate Planning and Probate for Nebraska on
Q: Mom got in an accident 2 years ago, she has then passed from cancer, her civil case has a payout of 225k . Who get that?

Executor is husband of 2 years and he said he gets all but the 5k to each kid after agreeing that they would split it 4 ways before the settlement

Julie Fowler
Julie Fowler
answered on Jan 20, 2025

If a person passes away that had a civil judgment, the proceeds generally go to the estate of the deceased. The funds then apply in generally the same way as other funds are processed in the estate (with some exceptions). This includes resolving creditors and then paying out the remaining funds... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Nebraska on
Q: If I file a complaint to my head office about the store my boyfriend and I work at, can the store fire my boyfriend?

My boyfriend and I work for the same company, he’s a manager and I’m on the other end of the food chain. I put in my two weeks notice, plan on working it out fully, but after so many years of bull happening there, I thought the higher ups should know what’s happening. Not that I think... View More

Julie Fowler
Julie Fowler
answered on Jan 20, 2025

Nebraska is an at-will employment state. Unless you have a contract otherwise, an employer can generally fire an employee without cause, so long as not for a legally discriminatory purpose (think race, religion, etc.). If you are considering making a complaint that may cause your significant... View More

1 Answer | Asked in Consumer Law, Appeals / Appellate Law and Collections for Nebraska on
Q: What do I write in my request for transcript of pleading/documents

What’s happened is I got served from a creditor so I put in an an answer and denial, that my credit has reached the statute of limitations in Nebraska my last payment was may of 2018. I received and letter with a trial date for the month of April 2025 but the plaintiff still managed to get a... View More

Julie Fowler
Julie Fowler
answered on Jan 20, 2025

There isn't a form for this, at least not one approved by the Courts. What you draft depends on the specifics of your case and what you are requesting.

Reviewing the Nebraska Court Rules of Appellate Practice may be a good place to start....
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1 Answer | Asked in Civil Litigation, Land Use & Zoning, Public Benefits and Real Estate Law for Nebraska on
Q: Nebraska cattle trail, easement how to document and liability of damages

Use over 50 years, no access and consent withdrawn.

Julie Fowler
Julie Fowler
answered on Jan 20, 2025

If there is a valid easement, then normal use pursuant to the legal easement may be allowed, even if it does create some normal wear and tear (to some extent). If you want to get rid of a valid easement, you may have to buy the rights, the same as you would other types of real estate interests.... View More

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Nebraska on
Q: How to get dog back on protection order even know the pet did not resign on the property of the petitioner

What form(s) to file

Julie Fowler
Julie Fowler
answered on Jan 20, 2025

In Nebraska, the protection order can include a pet. Once you are served with the protection order, you need to promptly file a request for hearing. At the hearing, you can present your evidence regarding your ownership of the pet and ask for the pet to be returned, along with otherwise refuting... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Looking for a lawyer to represent myself a tenant in apartment complex I am disabled? Have all paperwork just need repre
Julie Fowler
Julie Fowler
answered on Jan 20, 2025

Legal Aid put together a Handbook a few years ago to help out landlords and tenants that are representing themselves or looking for more information and resources. Some of the information is now a little dated but it is still a good place to start for information or contacts for help.... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: I was accused of shoplifting I didn't take anything out of the store. I have never been in a situation like this. Help

I was initially doordashing my app glitched I had to uninstall and reinstall during that time a store employee accused me of shoplifting. I gave them the door dash bag. They asked for my id I had to go to my car to get it. Came back in the took me to a security office and said they were waiting for... View More

Julie Fowler
Julie Fowler
answered on Jan 20, 2025

If your defense against the shoplifting charge is that you were picking up the items due to being assigned to do so for someone via an app, such as Door Dash, then you need to get the records from Door Dash to show that there was an order for the items assigned to you. Even if you no longer have... View More

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 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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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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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 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

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 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 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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