The father of my children lies outright and manipulates situations to make him self look perfect, and me like an absolute awful human. He claims, for example, that I manipulated my way onto the house title.. I told him I could prove that wasn't true with our messages. The next morning, I... Read more »
Depending on how the messages were sent, there may still be a way to recover these. This could be something more complicated such as a subpoena or more simple such as your phone records or looking in your archived messages. Many cell phone providers do store text messages with your monthly bill... Read more »
I called the police told them he hit me had the neighbor say she saw it but she didn’t give her name he has a warrant now he didn’t hit me thoufg
A person can be charged if they make a false report to law enforcement. Law enforcement is often skeptical if a person contacts law enforcement and says they are victim of domestic violence and then later recants the statement. It is a common fact pattern for a victim of domestic violence to... Read more »
Is it worth my money (we are kinda poor, I'm disabled) to hire and pay for an attorney in lieu of using the free court appointed attorney? Asking because she's nice but not motivated at all, probably overworked. My caseworker has done ZERO since removing my kids. I thought I read Federal... Read more »
Majority of court-appointed attorneys are very good. They often handle a lot of cases so they know what the judges find persuasive. Some may have large caseloads and may struggle to give each file as much attention as they otherwise would like. Sometimes you do get better results with hiring a... Read more »
To avoid her possibly staying overnight to see the judge the next day regarding bond, I emptied my savings account to post the $5k bond. It created a bit of a hardship on my end. She has an attorney now. Even though we have already posted the bond and had her released, can we still ask the court... Read more »
I have never seen the Court lower bond money after it has already been posted. You can generally assign the bond money to an attorney to help cover attorney fees.
Or can only the client fire the attorney? Actually, I’m wanting the partial amount back due to the friend not living up to the conditions of the loan, not necessarily because of the attorney
Only the client can fire the attorney and give direction to the attorney on how to represent the client. Further, from your statement here, it sounds like the attorney is performing or performed his or her duties but perhaps the client/your friend is not helping his or her own case...It would be... Read more »
This is my son. Trial set for around middle of Sept 2020. Has 16th amendment right to speedy trial been violated?
There are a lot of things, including certain motions filed by defense counsel, that toll or waive speedy trial, as well as some special issues related to closures due to Covid-19. You would need to have an attorney review his file to see if his rights under speedy trial were violated or not. If... Read more »
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.
Violations of protection orders can be reported to law enforcement. It is a crime to violate a protection 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 »
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... Read more »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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... Read more »
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 »
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 »
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.
No
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 »
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.
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 »
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 »
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 »
Or is it saying that in a criminal case that spousal privilege cannot be exercised?
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.
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
