COURT COUNTY . . STATE OF NEBRASKA . . . . . . . . . .OF. . . FORM NO. 19-13 Rev. 5/99 Neb. Rev. Stat. § 42-924 CASE NUMBER: . . . . . . . . . . . . . ORDER .TO .SHOW . CAUSE ......... ... ....... .... : Index No. DOMESTIC ABUSE DOCUMENT No.: : Calendar No. IN THE DISTRICT COURT OF __________________ COUNTY, NEBRASKA : JUDICIAL SUBPOENA Plaintiff(s) ____________________________________________ -against- ____________________________________________ Petitioner : ORDER TO SHOW CAUSE DOMESTIC ABUSE : VS. : ____________________________________________ Defendant(s) Respondent : ...................................................... THE PETITIONER has filed a petition and affidavit for a domestic abuse protection order requesting that the following relief be granted: 1. respondent be prohibited from imposing any restraint upon the person or liberty of the petitioner. 2. respondent be prohibited from threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of THE PEOPLE OF THE STATE OF NEW YORK the petitioner. 3. respondent be prohibited from telephoning, contacting, or otherwise communicating with the petitioner. TO 4. respondent must be removed and excluded from the residence of the petitioner, regardless of the ownership of the residence, located at: ___________________________________________________________________ _______________________________________________________________________________________ GREETINGS: 5. the respondent be ordered to stay away from the following location(s): ________________________________ _______________________________________________________________________________________before WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend , the 6. the petitioner be awarded temporary custody for ________ days of theCourt minor children: ____________ Honorable at the following located at County of _______________________________________________________________________________________ in room , on the day of , 20 , at o'clock in the noon, and at any recessed _______________________________________________________________________________________ or adjourned date, to testify and give evidence as a witness in this action on the part of the 7. other: __________________________________________________________________________________ “ If checked, certain relief has already been granted pursuant to a Protection Order (Ex Parte) issued simultaneously with this order. Refer to the Protection Order (Ex Parte) regarding such relief and any request for hearing thereon. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a IT IS HEREBY ORDERED that the respondent may appear and show cause, if any there be, why a domestic abuse result of your failure to comply. protection order should not issue as requested by the petitioner. IT IS FURTHER ORDERED that a copy of this order and a copy of the petition be served on the respondent and a copy of this order be mailed to the petitioner. Witness, Honorable , one of the Justices of the NOTICE OF HEARING Court A HEARING on theCounty, been set for _________________________________ , ____________ , in day of , 20 matter has at __________ .M. at District Courtroom, ________________ County Courthouse, _____________ , Nebraska . You may appear before the court at this time, if you wish, to show cause why a protection order should not be entered. (Attorney must sign above and type name below) NOTICE TO PETITIONER: You must appear at the place, date and time shown to show cause why a domestic abuse protection order should be entered. Failure to appear may result in the domestic abuse protection order not being issued. Attorney(s) for SIGNED on _______________________________ , ___________ . (Deemed entered upon filing by clerk.) If checked, the Court Clerk shall: X. X. X. Mail a copy of this order to petitioner. Done on ___________, 20____ by _____. Deliver original to sheriff for service/return on respondent. Done on ___________, 20____ by _____. Enter note on trial docket: [date of filing] Upon affidavit, signed “Order to Show Cause Domestic Abuse” entered. Done on ___________, 20____ by _____. _______________________________________________ Office and P.O. Address JUDGE NOTICE TO RESPONDENT Telephone No.: Facsimile District PURSUANT to the Violence Against Women Act of 1994, this order is enforced in all fifty states, the No.: 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 E-Mail Address: 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 Mobile Tel. No.: accepting a firearm or ammunition under the 1994 amendment to the Gun Control Act. American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : STATE OF NEBRASKA FORM NO. 19-9 Rev. 5/99 Neb. Rev. Stat. § 42-924 GENERAL INFORMATION PROTECTION ORDER INFORMATION : DOMESTIC ABUSE Index No. Copy on Reverse of 19-10, 11, 19-12, 19-13, & 19-17 19- Calendar No. : JUDICIAL SUBPOENA Plaintiff(s) requested in the petition. You are required to obey the terms of the protection order as soon as it is served upon you. A protection order is a court order issued to provide -against: If you disobey the terms of the protection order issued by protection to a victim of domestic abuse, pursuant to Neb. a Nebraska court, or a protection order issued in another state, Rev. Stat. § 42-924, et seq. Pursuant to Neb. Rev. Stat. § 42: the District of Columbia, tribal lands and U.S. territories, you 903, a victim of domestic abuse includes spouses or former will be subject to the following Nebraska Revised Statutes. spouses, children, persons who are presently residing Violation of a Protection Order: Any person convicted of : together or who have resided together in the past, persons violating the terms of a protection order after being served shall who have a child in common, and persons related by be Defendant(s)guilty of a Class II misdemeanor. Any person convicted of a consanguinity or affinity. : . . . . . . . . . . . . may . . . . . . . . . . . . . . . . . . ..... ... A protection. order . . . . prohibit.the .respondent from. . . . . . . .second .violation of the same order shall be guilty of a Class IV felony. Any person convicted of violating a protection order who imposing any restraint upon the petitioner, or upon the liberty has a prior conviction for violating a protection order shall be of the petitioner, threatening, assaulting, molesting, guilty of a Class I misdemeanor. (Neb. Rev. Stat. § 42-924). attacking or otherwise disturbing the peace of the petitioner, Penalties: A Class I misdemeanor is punishable by not THE PEOPLE OF THE STATE communicating and telephoning, contacting, or otherwise OF NEW YORK more than one year imprisonment, or one thousand dollar fine, with the petitioner. A protection order may also include a or both. A class II misdemeanor is punishable by not more provision which removes and excludes the respondent from TO than six months imprisonment, or one thousand dollar fine, or the residence of the petitioner, regardless of the ownership both. A Class IV felony is punishable by five years of the residence, order the respondent to stay away from any imprisonment, or ten thousand dollars fine, or both. Minimum place specified by the court, order other relief deemed six months imprisonment. (Neb. Rev. Stat. § 28-106 & 28-105) necessary to provide for the safety and welfare of the If a protection order has been issued against you, the GREETINGS: petitioner and any designated family or household member, following United States Federal Statutes apply to the issuance and award the petitioner temporary custody of any minor of a valid protection aside, children for up to 90 days. WE COMMAND YOU, that all business and excuses being laidorder. you and each of you attend before Full Faith and Credit Provision: Pursuant to the Violence FeesHonorable to cover costs associated with the filing, issuance, at the the Court Against Women Act of 1994, 18 U.S.C. § 2265, this order is or service of a protection order shall not be charged, except located at County of enforceable in all fifty (50) states, the District of Columbia, tribal that a court may assess such fees and costs if the court in room , on the in the day of , 20 lands at U.S. territories. The penalties for and at any this , and o'clock in the noon, violation of recessed finds that the statements contained application were or adjourned date, to order was sought in bad faith. a witness inare determined by the existing penalty of the location in testify and give evidence as order this action on the part of the false and that the protection which the violation occurred. Nebraska’s Domestic Abuse Full The court may assess costs against the adverse party at the Faith and Credit provisions are found in § 42-931. final hearing. . Firearms Prohibition: Individuals who are the subject of Once the protection order petition is granted, it may not Your failure to comply with this subpoena domestic violence protection court and be prohibited from be withdrawn except upon order of the court. The protection is punishable as a contempt oforders may will make you liable to purchasing, receiving and $50 and all damages sustained as a order the party on whoseone yearthis subpoena was issued for a maximum penalty of possessing firearms and shall be effective for behalf unless otherwise ammunition. To qualify, the respondent must have had the modified by the your failure to comply. result of court. opportunity for a hearing, whether or not he or she participated, In order to qualify for a protection order for domestic and must include a finding that the respondent represents a abuse, the acts of abuse must be those in which the Witness, Honorable , one safety of the petitioner(s), and the credible threat to the physicalof the Justices of the respondent attempted to cause or intentionally, knowingly, or petitioner(s) was in reasonable fear of bodily injury. If a final recklessly caused bodily injury, with or withoutday of a deadly Court in County, , 20 order is entered against you after a hearing, whether or not you weapon, or placing, by physical menace, the petitioner or attended, you are prohibited from possessing, transporting, or child of the petitioner in fear of imminent bodily injury. In the accepting a firearm or ammunition under the 1994 amendment event the protection order is sought for a minor child, the to the Gun Controlmust signU.S.C.and type name below) petition should be filed by the parent, guardian, or next of kin (Attorney Act, 18 above § 922(g)(8). Interstate Domestic Violence: If you travel across state or of the minor child. tribal land with the intent to injure the petitioner and then NOTICE TO RESPONDENT intentionally commit a crime of violence causing bodily injury to If there has been an Ex Parte Protection Order served the petitioner, you may be convicted of committing a federal Attorney(s) for upon you and you wish to request a hearing to show cause offense under the VAWA, 18 U.S.C. § 2261(a)(1). You may why the order should not remain in effect, you must request a also be convicted of committing a federal offense if you cause hearing on the provided “Request for Hearing” form by the petitioner to cross state or tribal land lines for this purpose. completing the form and returning it to the clerk of the district 18 U.S.C. § 2262(a)(2). court at the address listed at the bottom of the form. You Interstate Violation of a Protection Order: If you travel Office and P.O. Address must return the form within five (5) days after you have been across state or tribal land lines with the intent to violate the final served. The court will schedule a hearing within thirty (30) protection order and subsequently violate such order, you may days after reviewing your request and shall notify you and the be convicted of committing a federal offense under the VAWA, petitioner of the hearing date. Ex Parte means “done for, in 18 U.S.C. 2261(a)(1).No.: may also be convicted of committing Telephone You behalf of, or on the application of, one party only”. a federal Facsimileyou cause the plaintiff to cross state or tribal offense if No.: If there is any hearing scheduled and you wish to land lines for this purpose. 18 U.S.C. § 2262(a)(2). defend against the claims set forth in the application for a protection order, you must appear at the hearing. You are warned that if you fail to appear, the case will proceed without you and a final order may be entered against you for the relief E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com ,