Get free summaries of new opinions delivered to your inbox! (6) In determining the appropriate temporary placement or alternative to detention of a juvenile under this section, the peace officer shall select the placement or alternative which is least restrictive of the juvenile's freedom so long as such placement or alternative is compatible with the best interests of the juvenile and the safety of the community. If there is not a true risk of harm to the child, then it is better to file a custody case than to include the child as a petitioner on a protection order. That administrative order is found here: https://supremecourt.nebraska.gov/sites/default/files/Administration/emergency/covid_order000114965NSC.pdf, Individuals that do not have an attorney may file documents with the court in person, by mail, or by fax transmission. It is important for you to provide as much information as is possible on this form, specifically the date of birth for the respondent and the petitioner. Stat. The judge sets the protection order for hearing (called a show cause hearing) without granting an emergency order and without requiring the defendant to request the hearing. Electronic notaries are available online and using these services is now approved in Nebraska. The protection order request is effectively asking the Court to allow the other parent no contact with the child for a full year if the child is included as a petitioner. (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. this Statute. JC 14:11(1) Protective Custody Findings and Order. App. Below you will find a list of APS Policy and Procedures. If you want to fax a court document, you must include the uniform cover sheet as the first page. Emergency protective custody; dangerous sex offender determination; written certificate; contents. The judge reviews the protection order requests and generally has three choices: Anyone who feels that it is necessary can petition the Court for a protection order. SUMMARY: The juvenile court properly exercised its emergency jurisdiction over Maxwell while one parent was incarcerated and the other parent was in alcohol treatment. Therefore, emergency orders are not a permanent replacement for child custody arrangements. 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. You should consult an attorney for advice regarding your individual situation. (3) If the peace officer takes the juvenile into temporary custody pursuant to subdivision (3) of section 43-248, the peace officer may place the juvenile at a mental health facility for evaluation and emergency treatment or may deliver the juvenile to the Department of Health and Human Services as provided in subsection (2) of this section. The fax must be less than 10 pages not counting the cover sheet. This form is used by the court and by local law enforcement to serve the protection order on the respondent. The applicant will be asked to fill in the relevant forms with their statistical information (birth dates, addresses, etc) and information pertaining to why they are requesting the specific protective order. (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. This is used when a petitioner is asking that the Petition be dismissed (cancelled). 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. The burden is upon the State to allege and prove in a detention hearing that the juvenile court should not place children with their other natural parent after the expiration of the first 48 hours of emergency detention under subsection (4) of this section during a period of temporary detention pending adjudication spawned by allegations under subsection (3)(a) of section 43-247 against their custodial parent. 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). You can explore additional available newsletters here. If a protective order is granted, the defendant (called the respondent) is prohibited from certain actions towards the applicant (called the petitioner). Domestic Abuse Protection Order Petition and Affidavit Differences: Social Security Numbers, Gender, and Birth Date Form (DC 6:5(12)), 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, Social Security Numbers, Gender, and Birth Date Form. These include removing and excluding the respondent from the house that you may share, requiring the respondent to stay away from specific locations, such as your childs daycare. The Petition and Affidavit is the form that you will use to tell the court why you would like protection from the other person. Victim advocacy information can be found by clicking HERE. The department shall supervise such placement and, if necessary, consent to any necessary emergency medical, psychological, or psychiatric treatment for such juvenile. | SEO by Omaha SEO Company, Nebraska Judicial Branch Protection Order Information, contact our office to set up a consultation, Divorce & Money: Financial Mistakes to Avoid, Reasons You Should Get Prenuptial Agreements, Choosing the Best Divorce Attorney in Omaha, Understanding How Legal Separation Works in Nebraska, In a Divorce, Should I Settle or Go to Trial in Omaha, NE. Rev. 71-919 (2013)). (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. Claypool v. Hibberd, 261 Neb. You are also provided the opportunity on this form to indicate your preference for a district court judge or a county court judge. In Nebraska, there must be a substantial risk of harm to a child for temporary, emergency custody to be granted. If youre navigating child custody issues in an emergency or simply as part of your divorce,Kleveland Law Offices can help. You will also be required to, on this form, provide specific identifying characteristics about the respondent. Upon the execution of the promise to appear, the peace officer shall immediately release such juvenile. (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. Drive-through services may be available. In re Interest of Stephanie H. et al., 10 Neb. al (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. 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. Modifying a custody or parenting plan can be . If the other party has a lawyer and you do not, you may be at a disadvantage. The protective order can limit contact with a person or place and also grant temporary custody for a short period of time if a child is also at risk of harm or harassment. 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. Legal resources are available on the Nebraska Online Legal Self-Help Center. (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. If you are not able to answer all of these, just leave the space blank. this Statute. This site is protected by reCAPTCHA and the Google, There is a newer version For a complete and searchable list of Nebraska court forms visit the Forms page of the Nebraska Supreme Court website. Mental health board proceedings; commencement; custody; conditions; dismissal; when. This form should be filled out as best as possible. To find a notary, call your local bank or other businesses. A protection order is an order from a judge to protect people from abuse, sexual assault, or harassment. , Ex parte orders vary by state. This site is protected by reCAPTCHA and the Google, There is a newer version of the Nebraska Revised Statutes. Police from Provincetown, Wellfleet and Truro, alongside officers from the Barnstable County . The department shall have no other authority with regard to such temporary custody until or unless there is an order by the court placing the juvenile in the custody of the department. The protection order becomes effective on the defendant upon being served by the sheriff with it. 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. **. These will be used to help law enforcement identify him/her. A copy of such certificate shall be immediately forwarded to the county attorney. 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