Preview
Nebraska State Court Form Filed in Loup District Court
*** EFILED ***
DC 19:13 Rev. 09/2023 Case Number: D88CI240000001
Neb. Rev. Stat. § 42- 924 Transaction ID: 0021094896
Document # Filing Date: 01/30/2024 10:53:39 AM CST
IN THE DISTRICT COURT OF LOUP COUNTY, NEBRASKA
LOUP
MIRANDA ANDERSON ,
Petitioner, Case No. CI 24-1
Macy Anderson , ORDER TO SHOW CAUSE
Additional Petitioner/Minor Child(ren) DOMESTIC ABUSE
,
Additional Petitioner/Minor Child(ren) ,
vs .
DAVID ANDERSON ,
Respondent.
THE PETITIONER(S) has/have filed a petition and affidavit for a domestic
abuse protection order to renew an existing domestic abuse protection order.
The petitioner is requesting that the following relief be granted:
1. Respondent is enjoined and prohibited from imposing any restraint upon
the person or liberty of the petitioner(s).
2. Respondent is enjoined and prohibited from threatening, assaulting,
molesting, attacking, or otherwise disturbing the peace of the petitioner(s).
3. Respondent is enjoined and prohibited from telephoning, contacting, or
otherwise communicating with the petitioner(s), except no exceptions
4. Respondent is removed and excluded from the residence of the petitioner(s),
regardless of the ownership of the residence, located at:
5. The respondent is ordered to stay away from the following location(s):
43964 Knobby Ridge Rd, Milburn, Nebraska
6. The petitioner, Miranda Anderson is awarded temporary custody
of the following minor children: Macy Anderson
Such temporary custody shall remain in effect until:___________________.
____ 7. Respondent is enjoined and prohibited from possessing or purchasing a firearm
as defined in Neb. Rev. Stat. § 28-1201.
(Continued on next page)
Order to Show Cause
DC 19:13 Rev. 09/2023 Page 1 of 6 Domestic Abuse
(Continued from previous page.)
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8. Petitioner is granted sole possession of the following household pet(s).
Include name, species, and description:
___________________________________________________________
___________________________________________________________
___________________________________________________________
Such sole possession shall last for the duration of the protection order or
until further order of the court. Sole possession does not determine
ownership. The petitioner shall not permanently transfer, sell, or dispose
of a household pet(s) placed in the petitioner’s possession without prior
court approval. Court approval shall not be required in cases where
humane euthanasia of a seriously ill or injured household pet(s) is
recommended by a licensed veterinarian.
9. The respondent is enjoined from coming into contact with, harming, or
killing any household pet(s) owned, possessed, leased, kept, or held by the
petitioner, the respondent, or any family or household member of the
petitioner or respondent.
10.
___________________________________________________________
___________________________________________________________
___________________________________________________________
IT IS HEREBY ORDERED that the respondent may appear and show why a
domestic abuse protection order should not be issued or renewed as requested by
the petitioner(s).
A court, on its own motion or at the request of the petitioner, may treat a petition
for a domestic abuse protection order as a petition for a sexual assault protection
order or a harassment protection order if it appears from the facts that such other
protection order is more appropriate.
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(s).
NOTICE OF HEARING
A HEARING on the matter has been set for February 7, 2024 , at
10:00 a .m. at the Loup County Courthouse, Taylor, Nebraska .
You may appear before the court at this time, if you wish, to show cause why a
Protection Order should not be entered.
Order to Show Cause
DC 19:13 Rev. 09/2023 Page 2 of 6 Domestic Abuse
NOTICE TO PETITIONER(S): You must appear at the place, date and
time shown to show cause why a Protection Order should be entered. Failure
to appear may result in the Protection Order not being issued.
DATED AND ENTERED on January 30, 2024
JUDGE
Mark Kozisek
Order to Show Cause
DC 19:13 Rev. 09/2023 Page 3 of 6 Domestic Abuse
PROTECTION ORDER INFORMATION DOMESTIC ABUSE
A domestic abuse protection order is a court order issued to provide protection to a victim of
domestic abuse, pursuant to Neb. Rev. Stat. § 42-924 et seq. Pursuant to Neb. Rev. Stat. § 42-
903, a victim of domestic abuse includes spouses or former spouses, children, persons who are
presently residing together or who have resided together in the past, persons who have a child in
common, persons related by consanguinity or affinity, and persons who are presently involved in
a dating relationship with each other or who have been involved in a dating relationship with
each other.
In order to qualify for a protection order for domestic abuse, the acts of abuse must be those in
which the respondent:
• the victim must tell the judge the events and dates of when they say they were abused. This
must include the most recent and most severe incident(s).
• attempted to cause or intentionally and knowingly caused bodily injury with or without a
dangerous instrument, or
• placing, by means of a credible threat, the petitioner or child of the petitioner in fear of
bodily injury,
• or by engaging in sexual contact or sexual penetration without consent.
A protection order may:
• prohibit the respondent from imposing any restraint upon the petitioner or upon the liberty
of the petitioner, threatening, assaulting, molesting, attacking, or otherwise disturbing the
peace of the petitioner, and telephoning, contacting, or otherwise communicating with the
petitioner.
• remove and exclude the respondent from the residence of the petitioner, regardless of the
ownership of the residence.
• require the respondent to stay away from any place specified by the court.
• prohibit the respondent from possessing or purchasing a firearm.
• order other relief deemed necessary to provide for the safety and welfare of the petitioner
and any designated family or household member.
• award the petitioner temporary custody of any minor children for up to 90 days.
• grant petitioner sole possession of household pet(s) for the duration of the protection order. Sole
possession does not determine ownership. The petitioner shall not permanently transfer, sell, or
dispose of a household pet(s) placed in the petitioner’s possession without prior court
approval. Court approval shall not be required in cases where humane euthanasia of a
seriously ill or injured household pet(s) is recommended by a licensed veterinarian.
• enjoin the respondent from coming into contact with, harming, or killing any
household pet(s) owned, possessed, leased, kept, or held by the petitioner, the respondent,
or any family or household member of the petitioner or respondent.
DC 19:13 Rev. 09/2023 Page 4 of 6 Order to Show Cause Domestic Abuse
Once the protection order petition is granted, it may not be withdrawn except upon order
of the court. The protection order shall be effective for one year, from issuance, unless
otherwise modified by the court.
In the event the protection order is sought for a minor child, the petition should be filed by the
parent, guardian, or next of kin of the minor child.
A court, on its own motion or at the request of the petitioner, may treat a petition for a domestic
abuse protection order as a request for a sexual assault protection order or harassment protection
order, if it appears from the facts in the petition, affidavit and evidence presented at a show-cause
hearing that such other protection order is more appropriate.
NOTICE TO PETITIONER
If you requested this protection order and wish to request a hearing, contact the Clerk of the
District Court.
Fees to cover costs associated with the filing, issuance, or service of a protection order shall not
be charged, except that a court may assess such fees and costs if the court finds that the
statements contained in the application were false and that the protection order was sought in bad
faith.
NOTICE TO RESPONDENT
If there has been an Ex Parte Protection Order served upon you and you wish to request a
hearing to show cause why the order should not remain in effect, you must request a hearing on
the provided “Request for Hearing” form by completing the form and returning it to the clerk of
the district court at the address listed at the bottom of the form. You must return the form within
ten (10) business days after you have been served. The court will schedule a hearing within thirty
(30) days after reviewing your request and shall notify you and the petitioner of the hearing date.
If there is a hearing scheduled and you wish to 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 requested in the petition.
You are required to obey the terms of the protection order as soon as it is served upon you. If you
disobey the terms of the protection order issued by a Nebraska court, or a protection order issued
in another state, the District of Columbia, tribal lands and U.S. territories, you will be subject to
the following Nebraska Revised Statutes.
Violation of a Protection Order: Any person convicted of violating the terms of a protection
order after being served shall be guilty of a Class I misdemeanor. Any person convicted of
violating a protection order who has a prior conviction for violating a protection order shall be
guilty of a Class IV felony. Neb. Rev. Stat. § 42-924.
DC 19:13 Rev. 09/2023 Page 5 of 6 Order to Show Cause Domestic Abuse
Penalties: A Class I misdemeanor is punishable by not more than one year imprisonment, or
one thousand dollar fine, or both. A Class IV felony is punishable by a maximum of two years
imprisonment and 12 months post-release supervision, or ten thousand dollars fine, or both.
Neb. Rev. Stat. §§ 28-106 & 28-105.
If a protection order has been issued against you, the following United States Federal
Statutes apply to the issuance of a qualifying protection order.
Full Faith and Credit Provision: Pursuant to 18 U.S.C. § 2265, this order is enforceable in all
fifty (50) states, the District of Columbia, tribal lands and U.S. territories. The penalties for
violation of this order are determined by the existing penalty of the location in which the
violation occurred. Nebraska’s Domestic Abuse Full Faith and Credit provisions are found in
Neb. Rev. Stat. § 42- 931.
Interstate Domestic Violence//Violation of a Protection Order:
• If you travel across state or tribal borders with the intent to injure the petitioner and then
intentionally commit a crime of violence causing bodily injury to the petitioner, you may
be convicted of committing a federal offense under 18 U.S.C. § 2261(a)(1). You may also
be convicted of committing a federal offense if you cause the petitioner to cross state or
tribal borders for this purpose. 18 U.S.C.§ 2262(a)(2).
• If you travel across state or tribal borders with the intent to violate the final protection order
and subsequently violate such order, you may be convicted of committing a federal offense
under 18 U.S.C. § 2261(a)(1).
• You may also be convicted of committing a federal offense if you cause the petitioner to cross state
or tribal borders for either of these purposes. 18 U.S.C. § 2262(a)(2)
DC 19:13 Rev. 09/2023 Page 6 of 6 Order to Show Cause Domestic Abuse
Preview
Nebraska State Court Form Filed in Loup District Court *** EFILED *** DC 19:13 Rev. 09/2023 Case Number: D88CI240000001 Neb. Rev. Stat. § 42- 924 Transaction ID: 0021094896 Document # Filing Date: 01/30/2024 10:53:39 AM CST IN THE DISTRICT COURT OF LOUP COUNTY, NEBRASKA LOUP MIRANDA ANDERSON , Petitioner, Case No. CI 24-1 Macy Anderson , ORDER TO SHOW CAUSE Additional Petitioner/Minor Child(ren) DOMESTIC ABUSE , Additional Petitioner/Minor Child(ren) , vs . DAVID ANDERSON , Respondent. THE PETITIONER(S) has/have filed a petition and affidavit for a domestic abuse protection order to renew an existing domestic abuse protection order. The petitioner is requesting that the following relief be granted: 1. Respondent is enjoined and prohibited from imposing any restraint upon the person or liberty of the petitioner(s). 2. Respondent is enjoined and prohibited from threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the petitioner(s). 3. Respondent is enjoined and prohibited from telephoning, contacting, or otherwise communicating with the petitioner(s), except no exceptions 4. Respondent is removed and excluded from the residence of the petitioner(s), regardless of the ownership of the residence, located at: 5. The respondent is ordered to stay away from the following location(s): 43964 Knobby Ridge Rd, Milburn, Nebraska 6. The petitioner, Miranda Anderson is awarded temporary custody of the following minor children: Macy Anderson Such temporary custody shall remain in effect until:___________________. ____ 7. Respondent is enjoined and prohibited from possessing or purchasing a firearm as defined in Neb. Rev. Stat. § 28-1201. (Continued on next page) Order to Show Cause DC 19:13 Rev. 09/2023 Page 1 of 6 Domestic Abuse (Continued from previous page.) ✔ Lines Remove Lines 8. Petitioner is granted sole possession of the following household pet(s). Include name, species, and description: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Such sole possession shall last for the duration of the protection order or until further order of the court. Sole possession does not determine ownership. The petitioner shall not permanently transfer, sell, or dispose of a household pet(s) placed in the petitioner’s possession without prior court approval. Court approval shall not be required in cases where humane euthanasia of a seriously ill or injured household pet(s) is recommended by a licensed veterinarian. 9. The respondent is enjoined from coming into contact with, harming, or killing any household pet(s) owned, possessed, leased, kept, or held by the petitioner, the respondent, or any family or household member of the petitioner or respondent. 10. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ IT IS HEREBY ORDERED that the respondent may appear and show why a domestic abuse protection order should not be issued or renewed as requested by the petitioner(s). A court, on its own motion or at the request of the petitioner, may treat a petition for a domestic abuse protection order as a petition for a sexual assault protection order or a harassment protection order if it appears from the facts that such other protection order is more appropriate. 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(s). NOTICE OF HEARING A HEARING on the matter has been set for February 7, 2024 , at 10:00 a .m. at the Loup County Courthouse, Taylor, Nebraska . You may appear before the court at this time, if you wish, to show cause why a Protection Order should not be entered. Order to Show Cause DC 19:13 Rev. 09/2023 Page 2 of 6 Domestic Abuse NOTICE TO PETITIONER(S): You must appear at the place, date and time shown to show cause why a Protection Order should be entered. Failure to appear may result in the Protection Order not being issued. DATED AND ENTERED on January 30, 2024 JUDGE Mark Kozisek Order to Show Cause DC 19:13 Rev. 09/2023 Page 3 of 6 Domestic Abuse PROTECTION ORDER INFORMATION DOMESTIC ABUSE A domestic abuse protection order is a court order issued to provide protection to a victim of domestic abuse, pursuant to Neb. Rev. Stat. § 42-924 et seq. Pursuant to Neb. Rev. Stat. § 42- 903, a victim of domestic abuse includes spouses or former spouses, children, persons who are presently residing together or who have resided together in the past, persons who have a child in common, persons related by consanguinity or affinity, and persons who are presently involved in a dating relationship with each other or who have been involved in a dating relationship with each other. In order to qualify for a protection order for domestic abuse, the acts of abuse must be those in which the respondent: • the victim must tell the judge the events and dates of when they say they were abused. This must include the most recent and most severe incident(s). • attempted to cause or intentionally and knowingly caused bodily injury with or without a dangerous instrument, or • placing, by means of a credible threat, the petitioner or child of the petitioner in fear of bodily injury, • or by engaging in sexual contact or sexual penetration without consent. A protection order may: • prohibit the respondent from imposing any restraint upon the petitioner or upon the liberty of the petitioner, threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the petitioner, and telephoning, contacting, or otherwise communicating with the petitioner. • remove and exclude the respondent from the residence of the petitioner, regardless of the ownership of the residence. • require the respondent to stay away from any place specified by the court. • prohibit the respondent from possessing or purchasing a firearm. • order other relief deemed necessary to provide for the safety and welfare of the petitioner and any designated family or household member. • award the petitioner temporary custody of any minor children for up to 90 days. • grant petitioner sole possession of household pet(s) for the duration of the protection order. Sole possession does not determine ownership. The petitioner shall not permanently transfer, sell, or dispose of a household pet(s) placed in the petitioner’s possession without prior court approval. Court approval shall not be required in cases where humane euthanasia of a seriously ill or injured household pet(s) is recommended by a licensed veterinarian. • enjoin the respondent from coming into contact with, harming, or killing any household pet(s) owned, possessed, leased, kept, or held by the petitioner, the respondent, or any family or household member of the petitioner or respondent. DC 19:13 Rev. 09/2023 Page 4 of 6 Order to Show Cause Domestic Abuse Once the protection order petition is granted, it may not be withdrawn except upon order of the court. The protection order shall be effective for one year, from issuance, unless otherwise modified by the court. In the event the protection order is sought for a minor child, the petition should be filed by the parent, guardian, or next of kin of the minor child. A court, on its own motion or at the request of the petitioner, may treat a petition for a domestic abuse protection order as a request for a sexual assault protection order or harassment protection order, if it appears from the facts in the petition, affidavit and evidence presented at a show-cause hearing that such other protection order is more appropriate. NOTICE TO PETITIONER If you requested this protection order and wish to request a hearing, contact the Clerk of the District Court. Fees to cover costs associated with the filing, issuance, or service of a protection order shall not be charged, except that a court may assess such fees and costs if the court finds that the statements contained in the application were false and that the protection order was sought in bad faith. NOTICE TO RESPONDENT If there has been an Ex Parte Protection Order served upon you and you wish to request a hearing to show cause why the order should not remain in effect, you must request a hearing on the provided “Request for Hearing” form by completing the form and returning it to the clerk of the district court at the address listed at the bottom of the form. You must return the form within ten (10) business days after you have been served. The court will schedule a hearing within thirty (30) days after reviewing your request and shall notify you and the petitioner of the hearing date. If there is a hearing scheduled and you wish to 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 requested in the petition. You are required to obey the terms of the protection order as soon as it is served upon you. If you disobey the terms of the protection order issued by a Nebraska court, or a protection order issued in another state, the District of Columbia, tribal lands and U.S. territories, you will be subject to the following Nebraska Revised Statutes. Violation of a Protection Order: Any person convicted of violating the terms of a protection order after being served shall be guilty of a Class I misdemeanor. Any person convicted of violating a protection order who has a prior conviction for violating a protection order shall be guilty of a Class IV felony. Neb. Rev. Stat. § 42-924. DC 19:13 Rev. 09/2023 Page 5 of 6 Order to Show Cause Domestic Abuse Penalties: A Class I misdemeanor is punishable by not more than one year imprisonment, or one thousand dollar fine, or both. A Class IV felony is punishable by a maximum of two years imprisonment and 12 months post-release supervision, or ten thousand dollars fine, or both. Neb. Rev. Stat. §§ 28-106 & 28-105. If a protection order has been issued against you, the following United States Federal Statutes apply to the issuance of a qualifying protection order. Full Faith and Credit Provision: Pursuant to 18 U.S.C. § 2265, this order is enforceable in all fifty (50) states, the District of Columbia, tribal lands and U.S. territories. The penalties for violation of this order are determined by the existing penalty of the location in which the violation occurred. Nebraska’s Domestic Abuse Full Faith and Credit provisions are found in Neb. Rev. Stat. § 42- 931. Interstate Domestic Violence//Violation of a Protection Order: • If you travel across state or tribal borders with the intent to injure the petitioner and then intentionally commit a crime of violence causing bodily injury to the petitioner, you may be convicted of committing a federal offense under 18 U.S.C. § 2261(a)(1). You may also be convicted of committing a federal offense if you cause the petitioner to cross state or tribal borders for this purpose. 18 U.S.C.§ 2262(a)(2). • If you travel across state or tribal borders with the intent to violate the final protection order and subsequently violate such order, you may be convicted of committing a federal offense under 18 U.S.C. § 2261(a)(1). • You may also be convicted of committing a federal offense if you cause the petitioner to cross state or tribal borders for either of these purposes. 18 U.S.C. § 2262(a)(2) DC 19:13 Rev. 09/2023 Page 6 of 6 Order to Show Cause Domestic Abuse