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Nebraska Domestic Violence Questions & Answers
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 motion... 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 the jury... Read more »

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