This page provides you with some general information regarding how to complete the required forms in order to file for a protection order. These arrangements are referred to as "ex parte" orders, meaning one party gives their record of events without the opposing party being able to address the court. 71-919 (2013)). Nebraska may have more current or accurate information. Because a protection order can last a full year, and by annually renewed, it is important to present your best case. If detention is not required, the juvenile may be released without bond if such release is in the best interests of the juvenile, the safety of the community is not at risk, and the court that issued the warrant is notified that the juvenile had been taken into custody and was released. Requesting a protection order when the real dispute is custody can backfire on the applicant parent. The position provides input into 988 and emergency services operations and budgets and monitors consumer experience and flow into and through the emergency system. This court order form is used by the Court at the first hearing after the removal of the children from the parental home. Your signature on the form must be witnessed by a notary or by court staff. (2) When a juvenile is taken into temporary custody pursuant to subdivision (2), (7), or (8) of section 43-248, and not released under subdivision (1)(a) of this section, the peace officer shall deliver the custody of such juvenile to the Department of Health and Human Services which shall make a temporary placement of the juvenile in the least restrictive environment consistent with the best interests of the juvenile as determined by the department. Read this complete Nebraska Revised Statutes Chapter 71. 2023 LawServer Online, Inc. All rights reserved. (1) A mental health professional who, upon evaluation of a person admitted for emergency protective custody under section 71-919, determines that such person is a dangerous sex offender shall execute a written certificate as provided in subsection (2) of this section not later than . The petition and affidavit for a Domestic Abuse Protection Order looks a little different than a Harassment Protection Order petition and affidavit. Sign up for our free summaries and get the latest delivered directly to you. The court may need to contact you if a hearing is scheduled, so if you indicate that you are residing at an undisclosed location, please make sure to provide the clerk, separately from the form, with information on how to get ahold of you. All state courts operate under the administrative direction of the Supreme Court. (2) The certificate shall be in writing and shall include the following information: (a) The subject's name and address, if known; (b) The name and address of the subject's spouse, legal counsel, guardian or conservator, and next of kin, if known; (c) The name and address of anyone providing psychiatric or other care or treatment to the subject, if known; (d) The name and address of any other person who may have knowledge of the subject's mental illness or personality disorder who may be called as a witness at a mental health board hearing with respect to the subject, if known; (e) The name and address of the medical facility in which the subject is being held for emergency protective custody and evaluation; (f) The name and work address of the certifying mental health professional; (g) A statement by the certifying mental health professional that he or she has evaluated the subject since the subject was admitted for emergency protective custody and evaluation; and. Further, if a protection order is granted that prevents the non-custodial parent from having any contact with the child, this can tie the hands of the custody case judge for the full year from the time the protection order is granted. A second detention order entered after adjudication has been held is a final, appealable order SUMMARY: Fourteen days between removal and the protective custody hearing is on the brink of unreasonableness but does not violate due process. The Application to Dismiss the Petition for a Protection Order. Free consultation. This form is to be used once a protection order has been granted, in order to request any changes to the order. (1) The petitioner may apply to the court to have the subject taken into emergency custody and held pending a hearing on the petition and disposition pursuant to sections 71-1122 to 71-1126. The clerk will take this into consideration when processing your petition and affidavit. You can explore additional available newsletters here. Ct. R. 6-601(B), allows non-attorneys to file any pleading, motion or other document, except for briefs in the appellate courts, by fax transmission until May 1, 2024.). In addition to the courts created by the Constitution, the Nebraska judicial system has two other courts the separate juvenile courts located in Douglas, Lancaster, and Sarpy Counties, and a statewide Workers Compensation Court. But the need . In re Interest of S.S.L., 219 Neb. Emergency protective custody; dangerous sex offender determination; written certificate; contents. On this form, you are the petitioner and the person you would like to be protected from is the respondent. Nebraska Legislature Bill 909 (Prior Session Legislation) NE State Legislature page for LB909. The applicant must provide address information for the defendant. This form is used by the court and by local law enforcement to serve the protection order on the respondent. Public Health and Welfare 71-919. These instructions and forms were developed to help people better understand legal processes. (h) A statement by the certifying mental health professional that, in his or her clinical opinion, the subject is a dangerous sex offender and the clinical basis for such opinion. JC 14:11(10)Order for Pre-Hearing Conference. The intent of this section was and is to ensure that a juvenile's due process rights are not violated by providing that parents will be notified after the juvenile is taken into custody. Get free summaries of new opinions delivered to your inbox! A copy of such certificate shall be immediately forwarded to the county attorney. (1) A peace officer who takes a juvenile into temporary custody under section 29-401 or subdivision (1), (4), (5), or (8) of section 43-248 shall immediately take reasonable measures to notify the juvenile's parent, guardian, custodian, or relative and shall proceed as follows: This court order form allows the Court to appoint a guardian ad litem (GAL) to represent the children and their best interests and grants authority to the GAL for access to information. Downloading, republication, retransmission or reproduction of content on this website is strictly prohibited. A barricaded shootout occurred after Floyd County sheriff's deputies arrived to serve an emergency protective order in a domestic violence case, authorities said. The judge will not have any information other than what you write on this form to consider when deciding whether or not to approve your request for this protection order. (1) A mental health professional who, upon evaluation of a person admitted for emergency protective custody under section 71-919, determines that such person is a dangerous sex offender shall execute a written certificate as provided in subsection (2) of this section not later than twenty-four hours after the completion of such evaluation. It is not the intent of this section to protect juveniles from harming themselves after being released by law enforcement, nor is there any indication that the Legislature intended to create a civil remedy for its violation. 818, 626 N.W.2d 539 (2001). (h) A statement by the certifying mental health professional that, in his or her clinical opinion, the subject is a dangerous sex offender and the clinical basis for such opinion. (c) The peace officer may retain temporary custody of a juvenile taken into temporary custody under section 29-401 or subdivision (1), (4), or (5) of section 43-248 and deliver the juvenile, if necessary, to the probation officer and communicate all relevant available information regarding such juvenile to the probation officer. There are three types of protection orders. Next, you will need to indicate your address. All state courts operate under the administrative direction of the Supreme Court. If a protective order is granted, the defendant (called the respondent) is prohibited from certain actions towards the applicant (called the petitioner). This includes monitoring. Claypool v. Hibberd, 261 Neb. (vii) A juvenile described in subdivision (1) or (2) of section 43-247, except for a status offender, may be held in a secure area of a jail or other facility intended or used for the detention of adults for up to six hours before and six hours after any court appearance. Court addresses and contact information are located here: District Courtshttps://supremecourt.nebraska.gov/courts/district-court/court-contacts, County Courtshttps://supremecourt.nebraska.gov/courts/county-courts/court-contacts. If you want to fax a court document, you must include the uniform cover sheet as the first page. The probation officer shall determine the need for detention of the juvenile as provided in section 43-260.01. There are 3 forms needed to file for a protection order, no matter which type you are requesting. You can get a protection order even if you are not a U.S. citizen. The Domestic Abuse Protection Order also asks about any minor children. which are only issued during divorce or custody cases. JC 14:11 (1): Protective Custody Findings and Order This court order form is used by the Court at the first hearing after the removal of the children from the parental home. This court order form is used by the Court at the disposition hearing, often held within 30 days of the adjudication hearing, where the Court determines the dispositional case plan. Lawyers have experience and knowledge of how the court procedure works and what the judge most wants to hear. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. For, Self-represented litigants are encouraged to submit a, Appealing or Setting Aside a County Court Civil or Small Claims Judgment, Appealing to Supreme Court/Court of Appeals, Appealing a Workers' Compensation Decision to the Court of Appeals, Handgun Certificate Denial or Revocation Appeal, Filing a Motion to Seal Juvenile Criminal Record, Obtaining a Copy of Your Court Record That Has Been Sealed, Request to Open Adoption Records for Adoption Decree or Medical Records, Petition to Set Aside a Criminal Conviction, Request for a Typed Transcript of a Trial or Proceeding, Additional Information: Felony Cases in Nebraska, Additional Information: Misdemeanor Cases in Nebraska, Affidavit for Transfer of Personal Property without Probate, Affidavit for Transfer of Real Property without Probate, Title Transfer for the Deceased's Motor Vehicle, Enforcement of Alimony or Property Settlement Orders, Modification of Custody or Parenting Plan, Filing a Motion for Continuance of Court Hearing, *For People Wanting Limited Legal Assistance, Waiver of Parental Consent for Abortion for Minors, If You Have Been Served with a Protection Order, Appealing or Setting Aside A Small Claims Judgment, Collecting Your Money After A Judgment & Information For Judgment Debtor, Additional Information: Traffic Cases in Nebraska, Annual Judicial Branch Recognition Committee, Consortium of Tribal, State and Federal Courts, Court of Appeals College Campus Initiative, Supreme Court High School & Law School Oral Arguments, Supreme Court Commission on Children in the Courts, Information for Professionals and Stakeholders, About the Nebraska Court Improvement Project, Resources for Private Guardians and Conservators, Frequently Asked Questions for Guardians and Conservators, Questions about the Office of Public Guardian, Internships, Externships, and Volunteer Programs, Interstate Compact and Interdistrict Transfer, Juvenile Detention Alternatives Initiative, https://supremecourt.nebraska.gov/sites/default/files/Administration/emergency/covid_order000114965NSC.pdf, https://supremecourt.nebraska.gov/courts/district-court/court-contacts, https://supremecourt.nebraska.gov/courts/county-courts/court-contacts, Douglas County Domestic Violence Protection Orders, Website Design & Development by UNANIMOUS. 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