Nebraska Revised Statute 42-924

Revised Statutes » Chapter 42 » 42-924
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42-924. Protection order; when authorized; term; violation; penalty; construction of sections.

(1) Any victim of domestic abuse may file a petition and affidavit for a protection order as provided in subsection (2) of this section. Upon the filing of such a petition and affidavit in support thereof, the court may issue a protection order without bond granting the following relief:

(a) Enjoining the respondent from imposing any restraint upon the petitioner or upon the liberty of the petitioner;

(b) Enjoining the respondent from threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the petitioner;

(c) Enjoining the respondent from telephoning, contacting, or otherwise communicating with the petitioner;

(d) Removing and excluding the respondent from the residence of the petitioner, regardless of the ownership of the residence;

(e) Ordering the respondent to stay away from any place specified by the court;

(f) Awarding the petitioner temporary custody of any minor children not to exceed ninety days;

(g) Enjoining the respondent from possessing or purchasing a firearm as defined in section 28-1201; or

(h) Ordering such other relief deemed necessary to provide for the safety and welfare of the petitioner and any designated family or household member.

(2) Petitions for protection orders shall be filed with the clerk of the district court, and the proceeding may be heard by the county court or the district court as provided in section 25-2740.

(3) A petition filed pursuant to subsection (1) of this section may not be withdrawn except upon order of the court. An order issued pursuant to subsection (1) of this section shall specify that it is effective for a period of one year and, if the order grants temporary custody, the number of days of custody granted to the petitioner unless otherwise modified by the court.

(4) Any person who knowingly violates a protection order issued pursuant to subsection (1) of this section or section 42-931 after service or notice as described in subsection (2) of section 42-926 shall be guilty of a Class I misdemeanor, except that any person convicted of violating such order who has a prior conviction for violating a protection order shall be guilty of a Class IV felony.

(5) If there is any conflict between sections 42-924 to 42-926 and any other provision of law, sections 42-924 to 42-926 shall govern.

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Annotations

Appeals involving the granting of a protection order will almost always be moot before the case is heard because of the time-limited nature of a protection order. However, under certain circumstances, an appellate court may entertain the issues presented by a moot case. Hauser v. Hauser, 259 Neb. 653, 611 N.W.2d 840 (2000).

Effective July 15, 1998, this section no longer covers harassment protection orders, but applies to domestic abuse protection orders only. Hron v. Donlan, 259 Neb. 259, 609 N.W.2d 379 (2000).

A protection order pursuant to this section is analogous to an injunction. Elstun v. Elstun, 257 Neb. 820, 600 N.W.2d 835 (1999); Devor v. Devor, 7 Neb. App. 549, 584 N.W.2d 670 (1998).

Speech that is not threatening, intimidating, or terrifying is protected by the First Amendment, and any application of a protection order under this section that would prohibit such speech is applied in an unconstitutional manner. State v. McKee, 253 Neb. 100, 568 N.W.2d 559 (1997).

A domestic abuse protection order did not violate the defendant's constitutional rights to free speech because the defendant's conduct in contacting the victim violated the protection order and the protection order itself did not burden more speech than necessary to serve a significant government interest. State v. Doyle, 18 Neb. App. 495, 787 N.W.2d 254 (2010).

A protection order pursuant to this section is analogous to an injunction. Cloeter v. Cloeter, 17 Neb. App. 741, 770 N.W.2d 660 (2009).

The Protection from Domestic Abuse Act allows any victim of domestic abuse to file a petition and affidavit for a protection order. Cloeter v. Cloeter, 17 Neb. App. 741, 770 N.W.2d 660 (2009).

Subsection (3)(b) of this section sets forth an enhancement provision, not a separate criminal offense, which simply authorizes a court to increase the sentence for recidivists. State v. Rubek, 11 Neb. App. 489, 653 N.W.2d 861 (2002).

Allegations contained in application and attached affidavit requesting issuance of a protection order were too general to support such an order. Buda v. Humble, 2 Neb. App. 872, 517 N.W.2d 622 (1994).