Until the judge dismisses the order it is still valid. You are also provided the opportunity on this form to indicate your preference for a district court judge or a county court judge. Why is January the Biggest Month for Divorce? This hearing determines if probable cause exists to warrant the continuance of Court action and/or If you are on the defending side of a protective order and you feel that your rights (or your childrens rights) have been violated, an appeal is possible. This court order form is used by the Court at the hearing prior to the adjudication 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 are free to change your mind and ask the court to dismiss the protection order or the request for renewal. JC 14:11(5)Disposition Findings and Order. If you want to fax more than 10 pages, you must get approval from the clerk of the court before you send it. If you are wanting to request a Domestic Abuse Protection Order from the court, you will need to check the box that best represents the relationship between you and the respondent. Heres how protective orders in Nebraska can affect your child custody case. (5) A juvenile taken into custody pursuant to a legal warrant of arrest shall be delivered to a probation officer who shall determine the need for detention of the juvenile as provided in section 43-260.01. The Motion to Vacate and Set Aside and to Dismiss is used when a petitioner is asking that the Protection Order be dismissed (cancelled). This court order form is used by the Court when the Court reviews the dispositional order, which is required every 6 months at the minimum. 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. Electronic notaries are available online and using these services is now approved in Nebraska. The Domestic Abuse Protection Order has additional items that you can choose from, to limit what the respondent can/cannot do. 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. A copy of such certificate shall be immediately forwarded to the county attorney. Emergency protective custody; dangerous sex offender determination; written certificate; contents. (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: (a) The peace officer may release a juvenile taken into temporary custody under section 29-401 or subdivision (1), (4), or (8) of section 43-248; (b) The peace officer may require a juvenile taken into temporary custody under section 29-401 or subdivision (1) or (4) of section 43-248 to appear before the court of the county in which such juvenile was taken into custody at a time and place specified in the written notice prepared in triplicate by the peace officer or at the call of the court. 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. To find a notary, call your local bank or other businesses. The judge grants an emergency ex parte order. A copy of the certificate shall be forwarded to the county attorney. Read more In re Interest of April E. et. You are not required to have a lawyer but having one may be a good idea, especially if you have children and you expect the other party to seek custody. 71-1204. This often includes evidence of events, such as specific incident dates. 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. This subdivision shall not apply to a juvenile charged with a felony as an adult in county or district court if he or she is sixteen years of age or older; (iv) If a juvenile is under sixteen years of age or is a juvenile as described in subdivision (3) of section 43-247, he or she shall not be placed within a secure area of a jail or other facility intended or used for the detention of adults; (v) If, within the time limits specified in subdivision (1)(c)(i) or (1)(c)(ii) of this section, a felony charge is filed against the juvenile as an adult in county or district court, he or she may be securely held in a jail or other facility intended or used for the detention of adults beyond the specified time limits; (vi) A status offender or nonoffender taken into temporary custody shall not be held in a secure area of a jail or other facility intended or used for the detention of adults. 7777 L Street Public Health and Welfare 71-919. A parent can include their children. In the case of Domestic Abuse Protection Orders or Sexual Assault Protection Orders, is used when the petitioner is still in fear and would like to have the expiration date extended by one year. 2021 NE LB909 (Summary) Authorize mental health professionals and practitioners to take persons into emergency protective custody and provide for a training and certification process. SUMMARY: Fourteen days between removal and the protective custody hearing is on the brink of unreasonableness but does not violate due process. 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. The pieces of these forms that are the same are discussed below. A copy of such certificate shall be immediately forwarded to the county attorney. Section 71-919 - Mentally ill and dangerous person; dangerous sex offender; emergency protective custody; evaluation by mental health professional (1) A law enforcement officer who has probable cause to believe that a person is mentally ill and dangerous or a dangerous sex offender and that the harm described in section 71-908 or subdivision (1) of section 83-174.01 is likely to occur before . The protection order becomes effective on the defendant upon being served by the sheriff with it. JC 14:11(1): Protective Custody Findings and Order, JC 14:11(3): Pre-Trial Findings and Order, JC 14:11(4): Adjudication Findings and Order, JC 14:11(5): Disposition Findings and Order, JC 14:11(6): Review Hearing Findings and Order, JC 14:11(7): Permanency Hearing Findings and Order, JC 14:11(8): Termination of Parental Rights Finding and Order, JC 14:11(9): Order appointing guardian ad litem, JC14:11(10) Order for Pre-Hearing Conference, 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. military funeral eulogy, how long did the ingalls live in winoka, Or other businesses county attorney request for renewal between removal and the protective custody hearing is on the brink unreasonableness... 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