2006 Nebraska Revised Statutes - § 42-925 — Ex parte protection order; notice requirements.

Section 42-925
Ex parte protection order; notice requirements.

Any order issued under subsection (1) of section 42-924 may be issued ex parte to the respondent if it reasonably appears from the specific facts included in the affidavit that the petitioner will be in immediate danger of abuse before the matter can be heard on notice. (1) If the specific facts included in the affidavit do not show that the petitioner will be in immediate danger of abuse or (2) if the court does not issue an ex parte order or grants only part of the relief sought, the court or judge may forthwith cause notice of the petition to be given to the respondent stating that he or she may show cause, not more than fourteen days after service upon him or her, why such order should not be entered. If such ex parte order is issued to the respondent, the court shall forthwith cause notice of the petition and order to be given the respondent stating that, upon service on the respondent, the order shall remain in effect for a period of one year and, if the order grants temporary custody, that such custody shall not exceed the number of days specified by the court unless the respondent shows cause why the order should not remain in effect. The court shall also cause to be served upon the respondent a form with which to request a show-cause hearing. If the respondent wishes to appear and show cause why the order should not remain in effect, he or she shall affix his or her current address, telephone number, and signature to the form and return it to the clerk of the district court within five days after service upon him or her. Upon receipt of the request for a show-cause hearing, the court shall immediately schedule a show-cause hearing to be held within thirty days after the receipt of the request for a show-cause hearing and shall notify the petitioner and respondent of the hearing date.

Source:

Laws 1978, LB 623, § 25

Laws 1989, LB 330, § 8

Laws 1998, LB 218, § 23

Annotations:

This section does not procedurally limit a litigant's right to call witnesses at a show cause hearing. Zuco v. Tucker, 9 Neb. App. 155, 609 N.W.2d 59 (2000).

~Reissue Revised Statutes of Nebraska