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Nebraska Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence and Family Law for Nebraska on
Q: What to do if the father of my children’s new girlfriend violates the restraining order placed against my kids for abuse

I was unaware of the violation until after it took place. My childrens father is allowing his girlfriend back around my kids after he put the restraining order on her a few weeks ago for verbal and physical abuse on the children and himself.

Julie Fowler
Julie Fowler answered on Aug 11, 2020

Violations of protection orders can be reported to law enforcement. It is a crime to violate a protection order.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Nebraska on
Q: Concluding CPS case, determining custody with a domestic violence felon.

Hello, I am finishing up a CPS case, completed treatment, have housing, my own vehicle, clean drug tests for a year. However, my childs father is trying o force visits with our daughter since October, but has been unsuccessful this far due to trauma he inflicted on us both. He is on probation for... Read more »

Julie Fowler
Julie Fowler answered on Jul 22, 2020

It would be unusual for a judge to grant 50/50 custody when the Court is only contemplating supervised visits at this time.

A judge is not bound to the recommendations of a therapist. Sometimes the court will order family therapy sessions to have even more structured visits than supervised...
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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Nebraska on
Q: Concluding CPS Case With Childs Father (Multi-State DV Felon w/ a 3yr No Contact Order)

Hello, I am finishing up a CPS case, completed treatment, have housing, my own vehicle, clean drug tests for a year. However, my childs father is trying o force visits with our daughter since October, but has been unsuccessful this far due to trauma he inflicted on us both. He is on probation for... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jul 22, 2020

Nebraska DHHS has a general policy that they will follow recommendations of a children's therapist with regard to visitation, but generally to suspend visitation requires a court order. You mentioned having an open case - this means you likely have a court-appointed attorney. You should talk... Read more »

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2 Answers | Asked in Domestic Violence for Nebraska on
Q: Can the victim of a domestic assault refuse to take part of a deposition?
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jul 15, 2020

No. There are very few legal reasons that would allow someone to refuse to be deposed or to testify if they have been properly noticed or subpoenaed and served. One of the guaranteed rights in legal cases is the right to confront and cross examine the witnesses. If the victim is not sure if s/he... Read more »

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1 Answer | Asked in Domestic Violence for Nebraska on
Q: If a man hits a woman and she hits him back as self defense and he proceeds to beat her, is he committing a crime?

If a man hits a woman first, and she hits him back as self defense, and he continues to beat her until she is bruised all over the face with a fat lip and black eyes, is he committing domestic abuse ? He initiated the fight, and then proceeded to beat her all because she attempted to defend... Read more »

Julie Fowler
Julie Fowler answered on May 19, 2020

A defense to an assault charge is self-defense. If the party's actions were to defend against an attack, they have a defense against the charge. Self-defense doesn't mean a party can take any action to defend. For example, a party couldn't leave the scene and then come back with a... Read more »

1 Answer | Asked in Domestic Violence for Nebraska on
Q: How can I get a order of " no contact" from a court judge to be dismissed in nebr .
Julie Fowler
Julie Fowler 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... Read more »

2 Answers | Asked in Domestic Violence and Family Law for Nebraska on
Q: My children are being abused physically and emotionally by their mother. What are my options?

She has primary custody but neither of the kids want to live with her. They are afraid if she finds out they told me before action is taken that she will be more abusive towards them. Their grandparents can confirm what they are saying and I have several texts from the kids as well.

Julie Fowler
Julie Fowler answered on May 5, 2020

Every person is a mandatory reporter of child abuse. If you believe a child is being abused or neglected in Nebraska, you have a duty to report it to the Nebraska Child Abuse hotline.

A parent can file for an emergency custody order to be awarded emergency temporary custody of a child...
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1 Answer | Asked in Domestic Violence and Sexual Harassment for Nebraska on
Q: In Nebraska, is it possible to get a re hearing for a harassment protection order or to expunge the order from public

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... Read more »

Julie Fowler
Julie Fowler 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... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: Is telling someone to go kill themself illegal?

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.

Gary Kollin
Gary Kollin answered on Nov 9, 2019

No

1 Answer | Asked in Domestic Violence for Nebraska on
Q: Does the county attorney or the defendants legal counsel file motion for plea bargain if someone is incarcerated?
Julie Fowler
Julie Fowler 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... Read more »

1 Answer | Asked in Domestic Violence, Divorce, Arbitration / Mediation Law and Child Custody for Nebraska on
Q: My wife disapeared and is believed to have gone to Texas with our 4.5 year old son and claiming some kind of abuse.

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.

Julie Fowler
Julie Fowler 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... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Nebraska on
Q: My ex is getting custody of my oldest child, he is not biologically his. How do I stop this?

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... Read more »

Julie Fowler
Julie Fowler 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... Read more »

2 Answers | Asked in Domestic Violence for Nebraska on
Q: Is it just that in a criminal case like domestic assault, spousal privilege “may not be claimed” but still could be?

Or is it saying that in a criminal case that spousal privilege cannot be exercised?

Brendan Michael Kelly
Brendan Michael Kelly 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.

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1 Answer | Asked in Domestic Violence for Nebraska on
Q: My wife got third degree domestic assault. Nebraska. Class a misdemeanor. No past history. How long will no contact be?
Brendan Michael Kelly
Brendan Michael Kelly 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... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: Assault in the Third Degree?

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?

Brian Lehman
Brian Lehman 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... Read more »

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