Preview
Image ID: D00025121D19 Page: 1
DATE: 3/13/2024
RICHARDSON COUNTY DISTRICT COURT
Electronic Transcript Table of Contents
Volume 1 of 1.
Electronic Transcript Prepared By Pamela Scott
Jessica M Scheele v. Randall G Merryman
Case No. RICHARDSON District Court CI 24 24
Contained Herein - Volume 1
Date Filing Page
03/13/2024 Comp/Affd Obtain Dom Abuse PO
03/13/2024 PO-Dom Abuse/Ex Parte DC19:10 12
03/13/2024 Request for Hearing 19
Nebraska State Court Form
DC19:8 Rev. 09/2023
Neb. Rev. Stat. § 42- 924.
IN THE DISTRICT COURT OF Lichen & COUNTY, NEBRASKA
SeriesSse MochaLe
fe ae Et
Catt
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Se ietag ee Petition and A ffiLg hue
DC 19:8 Rev. 09/2023 Page 4 of 9 nC lk Abuse Protection Order
m 7 ve as Pe en YS Page 4 of 19 Nyt
PC. Nh o83ee
(Coytinued from previous page.)
ne
granting me tempor: the following minor children for
days (not to exceed
Name:
Age:
Residence:
Name: [\f Age:
Residence \ AA
Name Age:
Residence: \l
Name: Age:
Residence:
Name Age:
Residence:
ofr biting the respondent from possessing or purchasing a firearm as
fined in Neb. Rev. Stat. § 28-1201
granting me sole possession of any household pet(s) owned, possessed.
leased, kept, or held by the petitioner, the respondent, or any family or
household member residing in the household of the petitioner or
respondent. The pet(s) I am requesting sole possession of are
Name Species Description
A
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(Vv fe]
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.
Denjoining 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.
Petition and Affidavit for
DC 19:8 Rev. 09/2023 Page 5 of 9 Domestic Abuse Protection Order
Page 5 of 19
d ordering any other relief deemed necessary to provide for the safety and
welfare of me and any designated family or household member, (describe
od
relief requested an hy):
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10. I request tohave a C1) District Court Judge, or a ‘County Court IudeeAM ell le. Z
preside over this proceeding.(I understand this request may not be granted.). SA f [tape
11 For purposes of the Protection from Domestic Abuse Act, abuse means the
occurrence of one or more of the following acts: %
es .
6 (a) attemptingto cause or intentionally
and knowingly causing bodily injury; yo %
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(b) placing, by means of credible threat, another person in fear of bodily
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piniury (either verbally or in writing), or;
c) engaging in sexual contact or sexual penetration without consent. Za
‘The dates or approximate dates and facts of the most recent and the most severe
incident or incident(s) of domestic abuse are as follows: (Please write a brief but
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Page 9 of 19
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12, I request the court treat this Petition and Affidavit for a Domestic Abuse
Protection Order as a request for a sexual assault protection order or a harassment
protection order if it appears to the court, based on facts contained in this Petition
and Affidavit and the evidence presented at a show cause hearing, that another
type of protection order is more appropriate in this case, and the court makes such
findings.
13. Additional Petitioner(s) (if needed):
Petitioner 2 (Minor Child):
Name: Paalen S+ Mirrree an Age: LD
Relationship to the Respondent (From list on number 4):
a
Residgfice
The address of this Petitioner is the same as my address above.
(This Petitioner's address is:
(Street or Route/Box) (City) (State) (ZIP code)
}
Petitioner 3 (Minor Child
Name: A Age:
Relationship to the Respondent (From list on number 4):
Residence:
1 The address of this Petitioner is the same as my address above.
(This Petitioner's address is:
(Street or Route/Box) (City) (State) (ZIP code)
VA
Petitioner 4 (Minor Child):
Name: Age:
Relationship to the Respondent (From list on number 4):
Residence:
01 The address of this Petitioner is the same as my address above.
1 This Petitioner's address is:
(Street or Route/Box) (City) (State) (ZIP code)
Petition and Affidavit for
9:8 Rev. 09/2023 Page 8 of 9 Domestic Abuse Protection Order
Page 10 of 19
Petitioner 5 (Minor Child):
Name Age
Relationship to the Respondent (From list on number 4)
Residence:
( The address of this Petitioner is the same as my address above
1 This Petitioner's address is
(Street or Route/Box) (City) (State) (ZIP code)
Petitioner 6 (Minor Child):
Name Age
Relationship to the Respondent (From list on number 4)
Residence:
O1 The address of this Petitioner is the same as my address above
oO This Petitioner's address is
(Street or Route/Box) (City) (State) (ZIP code)
I hereby swear, or affirm, under penalty of perjury, the forgoing affidavit is true
a Snoont CSoo8 +
Signaifigd of Petitioner
(Name, Firm name, and Bar Number IF being completed by an attorney)
(do NOT sign UNTIL THE CLERK OF THE DISTRICT COURT ORA
NOTARY IS PRESENT AND WITNESSES YOU SIGNING)
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Petition and Affidavit for
DC 19:8 Rev. 09/2023 Page 9 of 9 Domestic Abuse Protection Order
Page 11 of 19
Tmage ID ‘Case Number
DO0025119D19 EX PARTE CI-24-24
DOMESTIC ABUSE
Form 19-10 Document Number
PROTECTION ORDER
IN THE DISTRICT COURT OF Richardson COUNTY, NEBRASKA
Jessica M Scheele EX PARTE
Petitioner DOMESTIC ABUSE
vs. PROTECTION ORDER
Randall G Merryman
Respondent RENEWAL
The protected party(ies) of this Order is/are:
1. Jessica M Scheele age: 42 age:
2. age: age:
3. age: age:
The Petitioner alleges as follows: RESPONDENT IDENTIFIERS
The relationship(s) of the protected party (ies)
to the respondent is/are: SEX RACE AGE HT wr
Spouse M White 55 5 gn 165
Former Spouse
Child (ren)
A person he/she is currently living with EYES HAIR
A person he/she has lived with in the past Blue Brown
Child in common
Related by blood or marriage DRIVERS LICENSE # STATE EXP DATE
— A person he/she is presently dating — ——
A person he/she has dated in the past DISTINGUISHING FEATURES
1310 Lane Street Apt 3 TAT ARM - ARM, NONSPECIFIC
Respondent's Address TAT NECK - NECK
Falls City NE_ 68355
Respondent's Telephone Number
CAUTION: (for use by law enforcement)
Weapon Involved Weapon Present on the Property
The terms of this order, unless otherwise modified by order of the
court, shall be effective for one year from 3/13/2024 . In
the case of an original order, this date is one year from the date
of issuance. In the case of a renewal, this date is one year from either:
the first calendar day following the expiration of the
previous order, or
the day the court grants the renewal,
whichever is later.
Page 1 of 4
Page
12 of 19
WARNINGS TO RESPONDENT: This order shall be enforced, even without
registration, by the courts of any state, the District of Columbia,
any U.S. Territory, and may be enforced by Tribal Lands
(18 U.S.C. Section 2265). Crossing state, territorial, or tribal
boundaries to violate this order may result in federal imprisonment
(18 U.S.C. Section 2262). Federal law provides penalties for possessing,
transporting, shipping, or receiving any firearm or ammunition
(18 U.S.C. Section 922(g) (8)).
Only the Court can change this order.
THE COURT, hereby finds that it has jurisdiction over the parties
and subject matter, and the Respondent has been or will be provided
with reasonable notice and opportunity to be heard.
THE COURT, pursuant to Neb. Rev. Stat. §§ 42-924 and 42-925, upon.
ex parte consideration of the Petition and Affidavit, finds that the
petitioner(s) has/have stated facts showing that the respondent:
attempted to cause or intentionally and knowingly caused
bodily injury with or without a dangerous instrument;
by means of a credible threat, placed the petitioner(s in
fear of bodily injury; or
engaged in sexual contact or sexual penetration without
consent as defined Neb. Rev. Stat. § 28-318.
FURTHER, it reasonably appears from the specific facts included in
the affidavit that the petitioner(s) will be in immediate danger
of abuse before the matter can be heard on notice.
IT IS THEREFORE ORDERED that, unless otherwise modified by order of
the court, a domestic abuse protection order against the respondent
is granted for a period of one year from the date of this order. In
the case of a domestic abuse protection order renewal, the order is
effective for one year to commence on the first calendar day following
the expiration of the previous order or on the day the court grants
the renewal, whichever is later. The petitioner(s) is/are granted
the following relief:
Page 2 of 4
Page 13 of 19
Respondent is enjoined and prohibited from imposing any
restraint upon the person or liberty of the petitioner(s).
Respondent is enjoined and prohibited from threatening,
assaulting, molesting, attacking, or otherwise disturbing
the peace of the petitioner (s).
Respondent is enjoined and prohibited from telephoning, contacting,
or otherwise communicating with the petitioner(s), except
Respondent is removed and excluded from the residence of the
the petitioner (s), regardless of the ownership of the
residence, located at:
1310 Lane Street Apt. 3 Falls Cit: NE
The respondent is ordered to stay away from the following
location(s) :
Rays Apple Market Seneca KS, Middle and High School Falls City,
The petitioner,
is awarded temporary custody of the following minor children:
Such temporary custody shall remain in effect until:
Respondent is enjoined and prohibited from possessing or
purchasing a firearm as defined in Neb. Rev. Stat. § 28-1201.
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'
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.
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
Page 3 of 4
Page 14 of 19
If the respondent wishes to appear and show cause why this order
should not remain in effect or be renewed for a period of one year,
he or she shall affix his or her current address, telephone number,
and signature on the Request for Hearing form provided and return
it to the clerk of the district court within ten (10) business days
after service upon him or her. This order shall remain in effect
during the time prior to the hearing. Costs are waived unless
otherwise ordered by the court.
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).
DATED on March 13, 2024
La thm
-
toat
JUDGE Richard R Smith
Printed on 3/13/2024 at 4:00 P.M.
Page 4 of 4
FILED BY
Page 15 of 19
CASE FILE COPY Clerk of the Richardson L.v.... Sea.
03/13/2024
A copy is includedon DC 19:10, 19:11B, 9:12, 19:13
DC 19:9 Rey. 09/2023
Neb. Rev. Stat. §§ 42-924, 42-925
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
ofbodily 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 19:9 Rey. 09/2023 Page
1 of 3 Protection Order Information - “mere Abeee
Page 16 of 19
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.
Page 17 of 19
DC 19:9 Rev. 09/2023 Page 2 of 3 Protection Order Information - Dumcsue avuse
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).
Page 18 of 19
DC 19:9 Rey. 09/2023 Page 3 of 3 Protection Order Information - unesue avuse
Nebraska State Court Form
REQUEST FOR HEARING --
DC 19:14 Rev. 06/19
PROTECTION ORDER
Neb. Rev Stat. §§ 42-924 , 28-311.09,
and 28-311.11
IN THE DISTRICT COURT OF RICHARDSON COUNTY, NEBRASKA
Jessica M Scheele Case No. crI24- 24
Petitioner
Randall G Merryman
Respondent
REQUEST FOR HEARING —
PROTECTION ORDER
| wish to request a hearing on this protection order. | understand that notice of the time and place
of the hearing shall be mailed to the address below.
O11 do not agree to receive notification by e-mail.
Ol agree to receive notification by e-mail.
e-mail address:
NOTE: By providing this e-mail address, | acknowledge that | am aware that this information will be
public record. | also understand that | will only receive e-mail communications regarding this case
from the court.
O11 do not speak English. My language is
Date.
Signature (your signature)
Full Name
Bar number and Firm name (Attorneys Only)
Full Street Address/P.O. box
City/State/ZIP Code
Phone (Home) E-mail Address
Phone (Work)
RETURN TO: Clerk of the District Court
Richardson
Richardson County Courthouse
1700 Stone Street, Room #301
Falls City, NE 68355-2033
(402) 245-2023
Page 19 of 19
Page 1 of 1
Request for Hearing - Protection Order
DC 19:14 Rev. 06/19
Preview
Image ID: D00025121D19 Page: 1 DATE: 3/13/2024 RICHARDSON COUNTY DISTRICT COURT Electronic Transcript Table of Contents Volume 1 of 1. Electronic Transcript Prepared By Pamela Scott Jessica M Scheele v. Randall G Merryman Case No. RICHARDSON District Court CI 24 24 Contained Herein - Volume 1 Date Filing Page 03/13/2024 Comp/Affd Obtain Dom Abuse PO 03/13/2024 PO-Dom Abuse/Ex Parte DC19:10 12 03/13/2024 Request for Hearing 19 Nebraska State Court Form DC19:8 Rev. 09/2023 Neb. Rev. Stat. § 42- 924. IN THE DISTRICT COURT OF Lichen & COUNTY, NEBRASKA SeriesSse MochaLe fe ae Et Catt { lke Se ietag ee Petition and A ffiLg hue DC 19:8 Rev. 09/2023 Page 4 of 9 nC lk Abuse Protection Order m 7 ve as Pe en YS Page 4 of 19 Nyt PC. Nh o83ee (Coytinued from previous page.) ne granting me tempor: the following minor children for days (not to exceed Name: Age: Residence: Name: [\f Age: Residence \ AA Name Age: Residence: \l Name: Age: Residence: Name Age: Residence: ofr biting the respondent from possessing or purchasing a firearm as fined in Neb. Rev. Stat. § 28-1201 granting me sole possession of any household pet(s) owned, possessed. leased, kept, or held by the petitioner, the respondent, or any family or household member residing in the household of the petitioner or respondent. The pet(s) I am requesting sole possession of are Name Species Description A | I (Vv fe] 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. Denjoining 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. Petition and Affidavit for DC 19:8 Rev. 09/2023 Page 5 of 9 Domestic Abuse Protection Order Page 5 of 19 d ordering any other relief deemed necessary to provide for the safety and welfare of me and any designated family or household member, (describe od relief requested an hy): missed an Agu@ Wy of wert pug photion!, barby] t mth Ae het Ppl By Sy yess fey te Stade we voy, Is que pad th yal, 10. I request tohave a C1) District Court Judge, or a ‘County Court IudeeAM ell le. Z preside over this proceeding.(I understand this request may not be granted.). SA f [tape 11 For purposes of the Protection from Domestic Abuse Act, abuse means the occurrence of one or more of the following acts: % es . 6 (a) attemptingto cause or intentionally and knowingly causing bodily injury; yo % a ey (b) placing, by means of credible threat, another person in fear of bodily ¥ piniury (either verbally or in writing), or; c) engaging in sexual contact or sexual penetration without consent. Za ‘The dates or approximate dates and facts of the most recent and the most severe incident or incident(s) of domestic abuse are as follows: (Please write a brief but Wy a Fa detailed description of each incident. Examples might include shoves, kicks or blows inflicted, weapons used, threats made, injuries sustained, medical or hospit. treatment necessary). 7 nye nenshye! 7 eon BM Wiens, A. DaterTime:_|9 |laaoy V AM _ Go fous ooh ew} choo} Mlomnly [yas et \nerkullyy ceding Perea 4 att here, UA 4 io Re he geod , UsT Skok Secu one Nw od he Her +2 SHOT ual Soy TIM vee A no paaol On eae oped ter SCUVY S|ut- 2 "i [fees Cun pe Ql ia bent whet mM at iS t bethws GM so taf thot fte Wote Phan a 09 wilh a of Dike’ os Me me (am Lip ce 0 1A, No wv, yw "v9 pln Fen Cw qwet after , Patel Petition and Affidavit for DC 19:8 Rev. 09/2023to chew vr Domestic Abuse Protection Order Uofe “jow fo Page 6 of 19 204 3)Bate7Timé: zo AW He B. 5 Aeisn wos oltady mae eel cre fo mow vetAy Rhel tna thot cuenin fear! mrin/ap, Heaanre Phe aM Irs Peter oud side oF Ant. lostel of bni irg, Mike cull Ki mdf of Noi Se} anger yet “4, Biola «“alin Ho Phiraaef ee “ hele > me ae Vue er | er ts |0- V9! (fe pporp RQeut wel ad Wk, GUL con yaeuth Charly Hot Caled tenn on bd Cops ie be enw 1 Be hur se std, ' cd of oro \: pA on d/) ¥/a4. T sen ohn Win ow d L WES x iLopreania + bi spolaf mass te C. Date/Time: Description: Yor of reliiicd he wes witha fast as T wut wut D Feat Gide of me ye Ati Pate / He Onnbe 4 th middle ee0 pie Hele (Toots Ond 6 + anus Inm [D1 wool $ a i she 5, sour 1: SC@keol tog oe fs Need C5 later vier bihaes, dl ith hag L vend rp IF aS WS aot it) Wold hand Bl Of hasty iGwry head Coss and) riipys he stile eur ginlay Ce veyend Hab, ol Dires wa] | eff chat harol) cnt Kisses IT afer ehilep i 7 “TT ger mb Cao OF to end | y oun 1 gh wv ~ nos pheo- T h a n Torn, Yr f O tales o Nug e bite, of Jour lone alse, ds up ooh eS ik oF “cd Stupid dueh 6 good! Petitio and A ffidavit for DC 19:8 Rev. Celle Page 7 of 9 Domestic Abuse Protection Order ee The C975 mM mel Arian Page 7 of 19 bueld Ss 1 BBE Caught crouch Srurch, b afr, ow Then crn hewin's & major AWIETY ATTACH, Look pact. wd he is f tng In oead middie of shes GF [dA Y Lar,! Latid oF Jpnte JT ee, TD gute. get [rfo Wal cow) Gy fs only pron L Lato IS /ewe. OF such 61k heury becouse 6 her usy Ond treat pryyf ty lan? Ms Mtth SB Mth caer , of Me, vn, 7) hes heen My Iulengiige/ pf,wo hy Thies Sows WL I q ys. ten tak of PSbrlpuber , tt Sol! Ser tenccf ple dont diane. ki fe La, Me Lo At petite.hus a, WG ~ Ke methdow Mi V av Son tL, he telis me my date te 1S potter Cry wayr —E hish mur tn COWh FoIre chert Warns Cited of kur s hort.’ (Apa. Thm Ay VY aV [f Im € | SO42f Filipe / y, Ny haar Uy WOLKE Sr 4are tr LY Nee. ‘fas 7 10LLS Mt wey Mo M1 Cun ly “7 rer Gor, On Sond fyi AL Gh, MAY Un le ren n J) i ao volo \Slel nq dassfear {09 cs; 1B 0 Tawp lip, hyHw Gnd Contsnousley Stokesa very Nau ol Oo ar ev A - BSS) Oe a hell woan d treeln, Da-ee fe: IVA fp me +e As meth, aya (Page 8 of 19 wy Owd +eo My k he hase Mae? Mtn hi Aeechhn iy. st vat 4 Wis, na. Soo eek Pt ab oh had 19ide - ean tapthan Set a Boa). i Kidle. 3 eae ASL AL. ahah Con eee Ll sitll jibe bd 1A Me hoge Ondk would de py, beck p hkl, hed Y Migr VLAA by. head1 haty ‘ghd Cited bee,4 tae “Aa ine The walt Where Ae was _psidng dun Vor,! Jods. seal, whl Ln oe a haeP +P 6 weekt: 7 Ah wal Yarns, Tr (AE y hich didi! hip! LE Oh not La se gat 000 bel IM. Min tags, . Ge, tu hueMable. he 7 hack. —mdile Po Maar hibhse, feu “aad Wee (YW A bey J acblinlleh LL Te gpu ole ae Of Gaae agit ic} itll We Li a Page 9 of 19 ee 12, I request the court treat this Petition and Affidavit for a Domestic Abuse Protection Order as a request for a sexual assault protection order or a harassment protection order if it appears to the court, based on facts contained in this Petition and Affidavit and the evidence presented at a show cause hearing, that another type of protection order is more appropriate in this case, and the court makes such findings. 13. Additional Petitioner(s) (if needed): Petitioner 2 (Minor Child): Name: Paalen S+ Mirrree an Age: LD Relationship to the Respondent (From list on number 4): a Residgfice The address of this Petitioner is the same as my address above. (This Petitioner's address is: (Street or Route/Box) (City) (State) (ZIP code) } Petitioner 3 (Minor Child Name: A Age: Relationship to the Respondent (From list on number 4): Residence: 1 The address of this Petitioner is the same as my address above. (This Petitioner's address is: (Street or Route/Box) (City) (State) (ZIP code) VA Petitioner 4 (Minor Child): Name: Age: Relationship to the Respondent (From list on number 4): Residence: 01 The address of this Petitioner is the same as my address above. 1 This Petitioner's address is: (Street or Route/Box) (City) (State) (ZIP code) Petition and Affidavit for 9:8 Rev. 09/2023 Page 8 of 9 Domestic Abuse Protection Order Page 10 of 19 Petitioner 5 (Minor Child): Name Age Relationship to the Respondent (From list on number 4) Residence: ( The address of this Petitioner is the same as my address above 1 This Petitioner's address is (Street or Route/Box) (City) (State) (ZIP code) Petitioner 6 (Minor Child): Name Age Relationship to the Respondent (From list on number 4) Residence: O1 The address of this Petitioner is the same as my address above oO This Petitioner's address is (Street or Route/Box) (City) (State) (ZIP code) I hereby swear, or affirm, under penalty of perjury, the forgoing affidavit is true a Snoont CSoo8 + Signaifigd of Petitioner (Name, Firm name, and Bar Number IF being completed by an attorney) (do NOT sign UNTIL THE CLERK OF THE DISTRICT COURT ORA NOTARY IS PRESENT AND WITNESSES YOU SIGNING) Subscribed and sworn before me on Ma nok ia Jagd th fi wy dneQ on) \* STRIo7 ty, Clerk of theCourt/Netars-Public aly % Seal J My Commission Expires: “By. tom soe “nl MOG Heia NT n Petition and Affidavit for DC 19:8 Rev. 09/2023 Page 9 of 9 Domestic Abuse Protection Order Page 11 of 19 Tmage ID ‘Case Number DO0025119D19 EX PARTE CI-24-24 DOMESTIC ABUSE Form 19-10 Document Number PROTECTION ORDER IN THE DISTRICT COURT OF Richardson COUNTY, NEBRASKA Jessica M Scheele EX PARTE Petitioner DOMESTIC ABUSE vs. PROTECTION ORDER Randall G Merryman Respondent RENEWAL The protected party(ies) of this Order is/are: 1. Jessica M Scheele age: 42 age: 2. age: age: 3. age: age: The Petitioner alleges as follows: RESPONDENT IDENTIFIERS The relationship(s) of the protected party (ies) to the respondent is/are: SEX RACE AGE HT wr Spouse M White 55 5 gn 165 Former Spouse Child (ren) A person he/she is currently living with EYES HAIR A person he/she has lived with in the past Blue Brown Child in common Related by blood or marriage DRIVERS LICENSE # STATE EXP DATE — A person he/she is presently dating — —— A person he/she has dated in the past DISTINGUISHING FEATURES 1310 Lane Street Apt 3 TAT ARM - ARM, NONSPECIFIC Respondent's Address TAT NECK - NECK Falls City NE_ 68355 Respondent's Telephone Number CAUTION: (for use by law enforcement) Weapon Involved Weapon Present on the Property The terms of this order, unless otherwise modified by order of the court, shall be effective for one year from 3/13/2024 . In the case of an original order, this date is one year from the date of issuance. In the case of a renewal, this date is one year from either: the first calendar day following the expiration of the previous order, or the day the court grants the renewal, whichever is later. Page 1 of 4 Page 12 of 19 WARNINGS TO RESPONDENT: This order shall be enforced, even without registration, by the courts of any state, the District of Columbia, any U.S. Territory, and may be enforced by Tribal Lands (18 U.S.C. Section 2265). Crossing state, territorial, or tribal boundaries to violate this order may result in federal imprisonment (18 U.S.C. Section 2262). Federal law provides penalties for possessing, transporting, shipping, or receiving any firearm or ammunition (18 U.S.C. Section 922(g) (8)). Only the Court can change this order. THE COURT, hereby finds that it has jurisdiction over the parties and subject matter, and the Respondent has been or will be provided with reasonable notice and opportunity to be heard. THE COURT, pursuant to Neb. Rev. Stat. §§ 42-924 and 42-925, upon. ex parte consideration of the Petition and Affidavit, finds that the petitioner(s) has/have stated facts showing that the respondent: attempted to cause or intentionally and knowingly caused bodily injury with or without a dangerous instrument; by means of a credible threat, placed the petitioner(s in fear of bodily injury; or engaged in sexual contact or sexual penetration without consent as defined Neb. Rev. Stat. § 28-318. FURTHER, it reasonably appears from the specific facts included in the affidavit that the petitioner(s) will be in immediate danger of abuse before the matter can be heard on notice. IT IS THEREFORE ORDERED that, unless otherwise modified by order of the court, a domestic abuse protection order against the respondent is granted for a period of one year from the date of this order. In the case of a domestic abuse protection order renewal, the order is effective for one year to commence on the first calendar day following the expiration of the previous order or on the day the court grants the renewal, whichever is later. The petitioner(s) is/are granted the following relief: Page 2 of 4 Page 13 of 19 Respondent is enjoined and prohibited from imposing any restraint upon the person or liberty of the petitioner(s). Respondent is enjoined and prohibited from threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the petitioner (s). Respondent is enjoined and prohibited from telephoning, contacting, or otherwise communicating with the petitioner(s), except Respondent is removed and excluded from the residence of the the petitioner (s), regardless of the ownership of the residence, located at: 1310 Lane Street Apt. 3 Falls Cit: NE The respondent is ordered to stay away from the following location(s) : Rays Apple Market Seneca KS, Middle and High School Falls City, The petitioner, is awarded temporary custody of the following minor children: Such temporary custody shall remain in effect until: Respondent is enjoined and prohibited from possessing or purchasing a firearm as defined in Neb. Rev. Stat. § 28-1201. 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' 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. 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 Page 3 of 4 Page 14 of 19 If the respondent wishes to appear and show cause why this order should not remain in effect or be renewed for a period of one year, he or she shall affix his or her current address, telephone number, and signature on the Request for Hearing form provided and return it to the clerk of the district court within ten (10) business days after service upon him or her. This order shall remain in effect during the time prior to the hearing. Costs are waived unless otherwise ordered by the court. 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). DATED on March 13, 2024 La thm - toat JUDGE Richard R Smith Printed on 3/13/2024 at 4:00 P.M. Page 4 of 4 FILED BY Page 15 of 19 CASE FILE COPY Clerk of the Richardson L.v.... Sea. 03/13/2024 A copy is includedon DC 19:10, 19:11B, 9:12, 19:13 DC 19:9 Rey. 09/2023 Neb. Rev. Stat. §§ 42-924, 42-925 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 ofbodily 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 19:9 Rey. 09/2023 Page 1 of 3 Protection Order Information - “mere Abeee Page 16 of 19 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. Page 17 of 19 DC 19:9 Rev. 09/2023 Page 2 of 3 Protection Order Information - Dumcsue avuse 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). Page 18 of 19 DC 19:9 Rey. 09/2023 Page 3 of 3 Protection Order Information - unesue avuse Nebraska State Court Form REQUEST FOR HEARING -- DC 19:14 Rev. 06/19 PROTECTION ORDER Neb. Rev Stat. §§ 42-924 , 28-311.09, and 28-311.11 IN THE DISTRICT COURT OF RICHARDSON COUNTY, NEBRASKA Jessica M Scheele Case No. crI24- 24 Petitioner Randall G Merryman Respondent REQUEST FOR HEARING — PROTECTION ORDER | wish to request a hearing on this protection order. | understand that notice of the time and place of the hearing shall be mailed to the address below. O11 do not agree to receive notification by e-mail. Ol agree to receive notification by e-mail. e-mail address: NOTE: By providing this e-mail address, | acknowledge that | am aware that this information will be public record. | also understand that | will only receive e-mail communications regarding this case from the court. O11 do not speak English. My language is Date. Signature (your signature) Full Name Bar number and Firm name (Attorneys Only) Full Street Address/P.O. box City/State/ZIP Code Phone (Home) E-mail Address Phone (Work) RETURN TO: Clerk of the District Court Richardson Richardson County Courthouse 1700 Stone Street, Room #301 Falls City, NE 68355-2033 (402) 245-2023 Page 19 of 19 Page 1 of 1 Request for Hearing - Protection Order DC 19:14 Rev. 06/19