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Current as of January 01, 2024 | Updated by Findlaw Staff
(1) Any victim of domestic abuse may file a petition and affidavit for a domestic abuse protection order as provided in this section. The petition shall state the events and dates or approximate dates of acts constituting the alleged domestic abuse, including the most recent and most severe incident or incidents.
(2) Upon the filing of such a petition and affidavit in support thereof, the court may issue a domestic abuse 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 for a period not to exceed ninety days. If the order grants such temporary custody, the order shall specify the number of days of custody granted unless otherwise modified by the court;
(g) Enjoining the respondent from possessing or purchasing a firearm as defined in section 28-1201;
(h) Directing that the petitioner have sole possession of any household pet owned, possessed, leased, kept, or held by the petitioner, the respondent, or any family or household member residing in the household of the petitioner or respondent;
(i) Enjoining the respondent from coming into contact with, harming, or killing any household pet owned, possessed, leased, kept, or held by the petitioner, the respondent, or any family or household member of the petitioner or respondent; or
(j) Ordering such other relief deemed necessary to provide for the safety and welfare of the petitioner and any designated family or household member.
(3) If sole possession of a household pet is ordered by a court pursuant to subdivision (2)(h) of this section, such possession shall be for the duration of the domestic abuse protection order or until further order of the court. The grant of sole possession of a household pet under such subdivision is not intended to permanently determine ownership of such household pet. The petitioner shall not permanently transfer, sell, or dispose of a household pet placed in the petitioner's possession without prior court approval, except that court approval shall not be required in cases where humane euthanasia of a seriously ill or injured household pet is recommended by a licensed veterinarian.
Cite this article: FindLaw.com - Nebraska Revised Statutes Chapter 26. Courts; Protection Orders § 26-103. Domestic abuse protection order; petition, contents; relief granted - last updated January 01, 2024 | https://codes.findlaw.com/ne/chapter-26-courts-protection-orders/ne-rev-st-sect-26-103/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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