COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : STATE OF NEBRASKA FORM NO. 19-7 Rev. 5/99 Neb. Rev. Stat. § 28-311.09 Index No. CASE NUMBER: ORDER TO SHOW CAUSE HARASSMENT : Calendar No. DOCUMENT No.: : Plaintiff(s) IN THE DISTRICT COURT OF __________________ JUDICIAL SUBPOENA COUNTY, NEBRASKA -against- : ____________________________________________ ____________________________________________ Petitioner VS. ORDER :TO SHOW CAUSE HARASSMENT : Defendant(s) : ............. ____________________________________________ . ........................................ Respondent THE PETITIONER has filed a petition and affidavit for a harassment protection order requesting that the following relief be PEOPLE OF THE STATE OF NEW YORK granted: THE 1. respondent be prohibited from imposing any restraint upon the person or liberty of the petitioner. 2. respondent be prohibited from harassing, threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the petitioner. 3. respondent be prohibited from telephoning, contacting, or otherwise communicating with the petitioner. GREETINGS: TO IT IS HEREBY ORDERED that the respondent may appear and show cause, if any there be, why a WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before harassment protection order should not be issued as requested by the petitioner. IT IS FURTHER ORDERED the Honorable at the Court , located at County of that a copy of this order and a copy of the petition be served on the respondent and a copy of this order be in room , on the day of , 20 , at o'clock in the noon, and at any recessed mailed to the petitioner. or adjourned date, to testify and give evidence as a witness in this action on the part of the NOTICE OF HEARING A HEARING on the matter has been set for , , at .M. at District Courtroom, County punishable , Nebraska . make you Your failure to comply with this subpoena is Courthouse, as a contempt of court and willYou may liable to appearparty on whose at this time, if you wish, was issued for a maximum penalty of $50 and all damages sustained as a the before the court behalf this subpoena to show cause why a protection order should not be entered. result NOTICE TO PETITIONER: You must appear at the place, date and time shown to show cause of your failure to comply. why a protection order should be entered. Failure to appear may result in the protection order not being issued. Witness, Honorable , one of the Justices Court in SIGNED on County, day of , If checked, the Court Clerk shall: X. Mail a copy of this order to petitioner. Done on ___________, 20____ by _____. X. Deliver original to sheriff for service/return on respondent. Done on ___________, 20____ by _____. X. Enter note on trial docket: [date of filing] Upon affidavit, signed “Order to Show Cause Harassment” entered. Done on ___________, 20____ by _____. of the , 20 (Deemed entered upon filing by clerk.) (Attorney must sign above and type name below) JUDGE Attorney(s) for NOTICE TO RESPONDENT PURSUANT to the Violence Against Women Act of 1994, this order is enforced in all fifty states, the District of Columbia, tribal lands and U.S. territories. Moreover, if an order is entered after a hearing of which you had actual knowledge and an opportunity to participate, whether or not you actually participated and if the court order restrains you from harassing, stalking, or threatening an intimate partner or child of such intimate partner, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, you may be subject to a federal penalty for possessing, transporting, or accepting a firearm or ammunition under the 1994 amendment to the Gun Control Act. Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : STATE OF NEBRASKA FORM NO. 19-3 Rev. 5/99 Neb. Rev. Stat. § 28-311.09 GENERAL INFORMATION PROTECTION ORDER INFORMATION : HARASSMENT Plaintiff(s) : Index No. Copy on Reverse of 19-4, 19-5, 19-6 & 19-7 Calendar No. JUDICIAL SUBPOENA request and shall notify you and the petitioner of the -againsthearing: date. Ex Parte means “done for, in behalf of, or on the application of, one party only”. A harassment protection order is a court order : If there is a hearing scheduled and you wish to issued to a victim who has been harassed, pursuant to defend against the claims set forth in the application for Neb. Rev. Stat. § 28-311.09, et seq. In order to qualify a protection order, you must appear at the hearing. You : for a harassment protection order, the petitioner must are warned that if you fail to appear, the case will show that the respondent has engaged in a knowing Defendant(s) proceed without you and a final order may be entered and willful course of conduct directed at the petitioner : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . against.you for the relief requested in the petition. You ..... which seriously terrifies, threatens or intimidates the are required to obey the terms of the protection order petitioner and which serves no legitimate purpose. A as soon as it is served upon you. course of conduct is defined as a pattern of conduct If you disobey the terms of the protection order composed of a series of acts over a period of time, THE PEOPLE OF THE STATE OF NEW YORK you will be subject to the following Nebraska Revised however short, evidencing a continuity of purpose, Statutes. including a series of acts of following, detaining, TO Violation of a Protection Order: Any person restraining the personal liberty of, or stalking, convicted of violating the terms of a protection order telephoning, contacting or otherwise communicating after being served shall be guilty of a Class II with the petitioner. misdemeanor. (Neb. Rev. Stat. § 28-311.09 (4). A protection order may prohibit the respondent Penalties: A Class II misdemeanor is punishable GREETINGS: from imposing any restraint upon the petitioner or by not more than six months imprisonment, or one liberty of the petitioner, harassing, threatening, thousand dollar aside, both. (Neb. Rev. Stat. § 28assaulting, molesting, attacking or otherwiseall business and excuses being laid fine, or you and each of you attend before WE COMMAND YOU, that disturbing the peace of the petitioner, and telephoning, the Honorable at the 106) Court If a protection order has been issued against you, contacting, of otherwise communicatinglocated at or with the County the following United States Federal Statutes apply to petitioner. in room , on the day of , 20 , at o'clock in the noon, and at any recessed the issuance of a valid protection order. Fees to cover costs associated with the filing, or adjourned date, to testify and give evidence as a witness in this action on the partProvision: Pursuant to of the Full Faith and Credit issuance, or service of a protection order shall not be the Violence Against Women Act of 1994, 18 U.S.C. § charged, except that a court may assess such fees 2265, this order is enforceable in all fifty (50) states, the and costs if the court finds that the statements District of Columbia, tribal lands and U.S. territories. contained in the application were false and that the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to The penalties for violation of this order are determined protection order was sought in bad faith. The court the party on whose behalf this subpoena was issued for a maximum penalty of of theand all damages the $50 location in which sustained as a by the existing penalty may assess costs against the adverse party at the result of your failure to comply. violation occurred. Nebraska’s Harassment Full Faith final hearing. and Credit provisions are found in § 28-311.10. Once the protection order petition is granted, it Interstate Domestic Violence: If you travel Witness, Honorableorder of the court. , one of the Justices of the may not be withdrawn except upon across state or tribal land with the intent to injure the The protection order shall be effective for one year Court in County, day of , 20 petitioner and then intentionally commit a crime of unless otherwise modified by the court. violence causing bodily injury to the petitioner, you may In order to qualify for a harassment protection be convicted of committing a federal offense under the order, the petition shall state the events and dates of (Attorney must § 2261(a)(1). You may also be VAWA, 18 U.S.C. sign above and type name below) acts constituting the alleged harassment. convicted of committing a federal offense if you cause the petitioner to cross state or tribal land lines for this NOTICE TO RESPONDENT purpose. 18 U.S.C. § 2262(a)(2). Attorney(s) for Interstate Violation of a Protection Order: If If there has been an Ex Parte Protection Order you travel across state or tribal land lines with the served upon you and you wish to request a hearing to intent to violate the final protection order and show cause why the order should not remain in effect, subsequently violate such order, you may be convicted you must request a hearing on the provided “Request of committing a federalAddressunder the VAWA, 18 for Hearing” form by completing the form and returning Office and P.O. offense U.S.C. 2261(a)(1). You may also be convicted of it to the clerk of the district court at the address listed committing a federal offense if you cause the plaintiff to at the bottom of the form. You must return the form cross state or tribal land lines for this purpose. 18 within five (5) days after you have been served. The Telephone No.: U.S.C. § 2262(a)(2). court will schedule a hearing within thirty (30) days after reviewing your Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com ,