It is the public policy of the state of Nebraska that mentally ill and dangerous persons be encouraged to obtain voluntary treatment as a part of their journey towards recovery. 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. of There are three types of protection orders. Anyone planning to handle their own case is urged to consider talking to a lawyer. You're all set! Read more In re Interest of April E. et. protect a child from being physically or sexually abused. The Petition and Affidavit is the form that you will use to tell the court why you would like protection from the other person. 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. This Lincoln, NE, family law firm has been serving the community since 1984 and is committed to protecting their clients rights through prompt and individualized attention. Omaha, NE 68127, Phone: (402) 455-1711 You already receive all suggested Justia Opinion Summary Newsletters. The information upon which the State seeks an ex parte temporary detention order under the provisions of this section shall be contained in the affidavit of one who has knowledge of the relevant facts; such affidavit shall be presented to the juvenile court and made a part of the record of the proceedings, and the affected juvenile's parent shall be given prompt notice of the order. 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. (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. (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 mentally ill and dangerous 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. 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. Mentally ill and dangerous person; dangerous sex offender; emergency protective custody; evaluation by mental health professional on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Content, including images, displayed on this website is protected by copyright laws. Note: None of these types of protection orders are for the purpose of protecting property. You will also be required to, on this form, provide specific identifying characteristics about the respondent. Downloading, republication, retransmission or reproduction of content on this website is strictly prohibited. Call a Fort Worth criminal lawyer at 214-303-9600. Legal resources are available on the Nebraska Online Legal Self-Help Center. You can explore additional available newsletters here. For a complete and searchable list of Nebraska court forms visit the Forms page of the Nebraska Supreme Court website. But the need . This will include an affidavit, a sworn statement indicating why emergency custody is being sought. This page provides you with some general information regarding how to complete the required forms in order to file for a protection order. It does not depend upon relationships, but requires a number of telephone or personal contacts that seriously terrify, threaten, or intimidate the victim and serve no legitimate purpose. A packet of forms is attached to each definition. The judge grants an emergency ex parte order. The Constitution of the State of Nebraska distributes the judicial power of the state among the Supreme Court, Court of Appeals, district courts, and county courts. 1) Protective Custody Hearing is held - At this hearing, the legal rights are explained to the parents, a Guardian ad litem (special attorney) is appointed to represent the child's best interests, and counsel may be appointed for the parents. Sign up for our free summaries and get the latest delivered directly to you. LawServer is for purposes of information only and is no substitute for legal advice. If a court order of temporary custody is not issued within forty-eight hours of taking the juvenile into custody, the temporary custody by the department shall terminate and the juvenile shall be returned to the custody of his or her parent, guardian, custodian, or relative. The evidence also established that reasonable efforts, including SUMMARY: A juvenile court does not have jurisdiction to terminate parental rights during an appeal. A parent can include their children as co-petitioners on the protection order. They have experience with the best methods of present the application and the best methods to prepare evidence and subpoena witnesses to defend against one. Again, it is very important for the non-custodial parent to request a hearing within 10 days if they want to contest an ex parte protection order. The second type of protection order is a Harassment Protection Order. This court order form is used by the Court at the adjudication hearing, which is held within 90 days of out-of-home placement of the children. NEBRASKA SUPREME COURT RULES DO NOT ALLOW E-MAIL FILINGS FOR COURT CASES. , Ex parte orders vary by state. While the person issuing the ex parte order is often a parent, you can still pursue ex parte orders even if you're not., First, you must complete forms to request ex parte orders. Protection Order Forms: There are 3 forms needed to file for a protection order, no matter which type you are requesting. If you believe you have grounds for an emergency order, take a look at the guide below before contacting a lawyer. Nebraska law requires individuals in emergency protective custody to undergo a mental health evaluation within 36 hours of being admitted to a mental health facility and to be released unless assessed as mentally ill and dangerous to self or others (Neb. MyOmahaLawyer@gmail.com, 2018 Law Office of Julie Fowler, PC, LLO., All Rights Reserved. The pieces of these forms that are the same are discussed below. However, the judge decides whether it will be dismissed to make sure that you were not forced to change your mind. A Domestic Abuse Protection Order is for people who have been in close relationships (relatives, spouses or former spouses, people who have lived or are living together, etc). Emergency protective custody; dangerous sex offender determination; written certificate; contents. If you believe a Protection Order is needed: **If you are submitting in Douglas County, please click on Douglas County Domestic Violence Protection Orders for more information specific to the process in Douglas County. The notice shall also contain a concise statement of the reasons such juvenile was taken into custody. Find out more about their practice areasonline or schedule a consultation by calling (402) 477-7776. 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, Website Design & Development by UNANIMOUS. 71-1119. (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. If the emergency order is granted, the defendant has up to 10 days to dispute it by filing a request for a hearing. Until January 1, 2013, a status offender accused of violating a valid court order may be securely detained in a juvenile detention facility longer than twenty-four hours if he or she is afforded a detention hearing before a court within twenty-four hours, excluding nonjudicial days, and if, prior to a dispositional commitment to secure placement, a public agency, other than a court or law enforcement agency, is afforded an opportunity to review the juvenile's behavior and possible alternatives to secure placement and has submitted a written report to the court; and. You will be asked to provide information regarding any past, pending, or current court proceedings. this Statute. Anyone can apply for a protection order and there are few costs involved. Although the Court can grant a temporary custody order within the protection order, these are generally only granted for a short period of time, such as 60 or 90 days. The State's failure to comply with the statutory requirements relating to the entry of an ex parte temporary detention order under the provisions of this section does not deprive the juvenile court of jurisdiction. All state courts operate under the administrative direction of the Supreme Court. Friday, June 14, 1991. Tyler Lindstrom, brother of Nebraska state senator, dead at 39 . Suggested reading includes official resources from the State of Nebraska Judicial Branch which applies to protective orders and the most common questions from applicants and defendants. Indiana Petition for Waiver of Reinstatement Fee, U.S. Code > Title 42 - The Public Health and Welfare, U.S. Code > Title 42 > Chapter 50 > Subchapter II - Organization and Administration of Flood Insurance Program, California Codes > Health and Safety Code, Florida Regulations > Agency for Health Care Administration, Florida Regulations > Division 61N - Drugs, Devices and Cosmetics, Florida Regulations > Division 64C - Division of Children's Medical Services, Florida Regulations > Division 64E - Division of Environmental Health, Florida Statutes > Title XXIX - Public Health, Illinois Compiled Statutes > Chapter 20 > Dpt Of Healthcare And Family Services, Illinois Compiled Statutes > Chapter 20 > Dpt Of Public Health, Texas Vernon's Civil Statutes > Title 71 - Health--Public. 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