Legal Document: Emily R Marter v. Bailey M Kolvek

On April 10, 2024 a Comp/Affd Obtain Dom Abuse PO This action initiated by party Emily R Marter Image ID 000816851D59 was filed involving a dispute between Emily R Marter, Russell J Marter, and Bailey M Kolvek, for Protection Order-Domestic Abuse in the District Court of Sarpy County.

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Nebraska State Court Form
DC19:8 Rev. 09/2023
Neb. Rev. Stat. § 42- 924.
FULYC6!

MAPA LM PHI2:59
IN THE DISTRICT COURT OF OX \_ COUNTY, NEBRASKA,
CLE DiSi ST CouRT
emnl\\ 2. Movkev
Petitioner, CaseNo. CT AY ~ GIB

Russell y. Markey PETITION AND
Additional Petitioner/Minor Children), AFFIDAVIT TO OBTAIN
DOMESTIC ABUSE
PROTECTION ORDER

Additional Petitioner/Minor Child(ren)

Boley M.\Ao\velh
Respondent.

Lg Eva \AZ. marey , am petitioning for a domestic
abuse protection otder pursuant to Neb. Rev. Stat.§ 42-924. Iam filing this
petition on behalf of: (please check one)

Wwyeelf. Lam a victim of domestic abuse.
1 Myself and additional petitioner(s) who are victims of domestic abuse and
whose name(s) is/are shown after mine in the caption of this petition.
My relationship to the additional petitioner(s)/minor child(ren) is/are:
custodial parent, LJ guardian, 1) other:
(1 Only on behalf of the additional petitioner(s) who are in fear of domestic
abuse and whose name(s) is/are shown after mine in the caption of this
petition.
My relationship to the additional petitioner(s)/minor child(ren) is/are:
Cicustodial parent, [) guardian, ( other:
AND:

Yu am 19 or older or legally emancipated OR
1 Lama minor and years of age.
C11 do not speak English. The language that I speak is

INOAICLA il
Petition and Affidavit for
Hn: DC 19:8 Rev. 09/2023 Page 1 of 9 Domestic Abuse Protection Order

4.4
2 Check Only One:

D0 Ihave received address protection from the Secretary of State under the
Address Confidentiality Program.(Service of any court process shall be
made by mailing two copies of the process to the Office of Secretary of
State, Address Confidentiality Program, Suite 2300, State Capitol
Building, Lincoln, NE, 68509)
1 Lam living at a safe house or shelter for my own protection. Pursuant to
Neb. Rev. Stat. § 29-4303, I cannot identify the name, address, location
or phone number of the facility.

4 My address is

O Mailing address (if different)

(Street or Route/Box) (City) (State) (ZIP code)

3. Neb. Ct. Rule § 2-208 requires people involved in a case who are not
attorneys to provide their email address or provide a reason why they cannot
receive emails.
(1 do not have the ability to receive emails. The reason I cannot receive email is:

ly email address is: Wat € EvnQy0a% net
NOTE: By providing this email address, I acknowledge that I am aware
that this information will be public record. I also understand that I will
only receive email communications regarding this case from the court.
4 My relationship to the respondent is: (Check the ONE that best applies):
Cspouse (husband or wife) Cisomeone I am presently dating
O former spouse meone I have dated in the past
Ochild [someone related to me in the
Oisomeone | am living with following way:
someone I have lived with in the past
Dithe father/ mother of one or more of my
children
[Not applicable because requesting only
on behalf of other(s)

Petition and Affidavit for
DC 19:8 Rev. 09/2023 Page 2 of 9 Domestic Abuse Protection Order
5 lam filing this petition against the respondent whose age is: L? 7 >
and who resides at:
ZS Cherry S+ — LoviswNe NE 62037
(Street or Route/Box) (City) (State) (ZIP code)

Mailing address (if different)

(Street or Route/Box) (City) (State) (ZIP code)

(Phone number)

C1 The respondent does not speak English The language that the respondent
speaks is:

The following are identifying jae for the respondent
Sex: Race: Skin Tone: \Q\
Height: 504 Weight: "0 Eye Color Even
Hair Color: Blac
Driver’s License #: State:
Exp. Date
Place of Birth: WVHA Nebrosta
Scars/Marks/Tattoos:
Tatoo 20! on one Shoulder
Other distinguishing features:
Was a beara
7
The respondent and I have or [] havenot been involvedin
past or current court cases together. (i.e., divorce, paternity, custody,
juvenile, criminal, or protection orders) If so: when, where, type of case.
name of court(s), and case number(s).

Petition and Affidavit for
DC 19:8 Rev. 09/2023 Page 3 of 9 Domestic Abuse Protection Order
The respondent and | are parents of the following minor child(ren).

Name: Age:
Residence:
Name: Age:
Residence
Name: Age:
Residence:
Name: Age:
Residence:
Name: Age:
Residence:

Iam the parent, but the respondent is not the parent, of the following
minor child(ren):
Name: Age:
Residence:
Name: Age:
Residence:
Name: Age:
Residence:
9. I hereby ask the court to enter a protection order (mark all that apply):

{ prohibiting the respondent from imposing any restraint upon me or upon
my liberty;
prohibiting the respondent from threatening, assaulting, molesting, or
attacking me, or otherwise disturbing my peace;
prohibiting the respondent from telephoning, contacting, or otherwise

K
communicating with me;
removing and excluding the respondent from my residence;

D ordering the respondent to stay away from the following location(s):
( specify address, location description, and connection of place to petitioner)

(Continued on next page.)

Petition and Affidavit for
DC 19:8 Rev. 09/2023 Page 4 of 9 Domestic Abuse Protection Order
(Continued from previous page.)

O granting me temporary custody of the following minor children for
days (not to exceed 90 days):
Name: Age:
Residence:
Name: Age:
Residence:
Name: Age:
Residence:
Name: Age:
Residence:
Name: Age:
Residence:

w rohibiting the respondent from possessing or purchasing a firearm as
lefined in Neb. Rev. Stat. § 28-1201.
(0 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

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
(1 ordering any other relief deemed necessary to provide for the safety and
welfare of me and any designated family or household member, (describe
relief requested and why):

10. Irequest to have a [District Court Judge, or a County Court Judge
preside over this proceeding.(I understand this request may not be granted.).

i For purposes of the Protection from Domestic Abuse Act, abuse means the
occurrence of one or more of the following acts:
(a) attempting to cause or intentionally and knowingly causing bodily injury;
(b) placing, by means of credible threat, another person in fear of bodily
injury (either verbally or in writing), or;
(c) engaging in sexual contact or sexual penetration without consent.

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
detailed description of each incident. Examples might include shoves, kicks or blows
inflicted, weapons used, threats made, injuries sustained, medical or hospital
treatment necessary).

A. Date/Time: Ny \ Description:

Tam abothiuna AcomentS fon preuiouS
Abuse IpporecHon orders. Miu aide
A qMeshiCfebyyay
Ck prea iy oF 7024.71 \eave for NV Sc.
Fydini na QV Y2d Way arde y Yen Weiata,
~
Wr CorreehionsS and Boavleu Vowel's
ve dovae, Gonzalzt was lat
vie ito
my
e
Covorlers
doi Lwo1a2 Sapr mf a as uerol
ANyauk me ov alalt my fe. Sore ws9S Seen
Jal Craw¥s oliver asling dou} Vne. When T pare
yee Wart ON lowec bot
YYW
\a 0. faint COX, Toda
r ro CO” COY
A Sella
+0 me? 2° COLOX mod to
cob COs
Aan
Yom 10+ 2 On

Petition and Affidavit for
DC 19:8 Rev. 09/2023 Page 6 of 9 Domestic Abuse Protection Order
B. Date/Time: Maxela 15, wb Description:

one. Bam Gasowers Saya x fate Sa lam
Ne re1en
rhe “Pave account wine end ring
2 bn
ie
AG MY
3)
Yo AV DOAN orcourt veedl
wm? nle7 mM mu a lbavcy eCcChaers
an 20, VOx! GWMt pro photo X me

C. Date/Time: Description:

L (ws Sent a message On Sm ychad bom
Barless Sau} no MW Hoye * min the “Mrtorce’4
vy \mu chan ind Kam were aulore
wi T had pect

Petition and Affidavit for
DC 19:8 Rev. 09/2023 Page 7 of 9 Domestic Abuse Protection Order
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: KUSS@ LO Maker
Relationship to the Respondent (From list on number 4): cw
Ay
"2
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 3 (Minor Child):
Name: Age:
Relationship to the Respondent (From list on number 4):

Residence:
(1 The address of this Petitioner is the same as my address above.
0 This Petitioner's address is:

(Street or Route/Box) (City) (State) (ZIP code)

Petitioner 4 (Minor Child):
Name: Age:
Relationship to the Respondent (From list on number 4):

Residence:
1 The address of this Petitioner is the same as my address above.
C1 This Petitioner's address is:

(Street or Route/Box) (City) (State) (ZIP code)

Petition and Affidavit for
DC 19:8 Rev. 09/2023 Page 8 of 9 Domestic ‘Abuse Protection Order
2022 renewal request

8. I request tohave a[_] District Court Judge,or a [J County Court Judge preside over this proceeding.
(I understand this request may not be granted.).

1am seeking a renew: al for the following reason(s) (required):
OM Oncern gc) x Cn LY")
TS yee Kd
her _\ fla Syom orssd In +h
conrxoC’e
Le
Ard
Wo
cr
YY Orce
mn? YY
uorl\
OX +o 1 Md ye AVE. v

Prot Arran ey AS Yor yan

10. There have been no material changes in relevant circumstances since the entry of the order.
issued (not required).
11 Please describe additional events that happened since the current protection order was

12. | am not requesting a modification of the order.

13. . Additional Petitioner(s) (ifneeded):
— —_ — —

Additional Petitioner 2 (Minor Child):
Age: { Relationship toth eR a (from list on number 4):
Name: Russ el J Mmavt er \
Residence:
a The address of this Petitioner is the same as my address above.
o This Petitioner's address is:

‘Btreet
or Rovte/Box) Tee) ‘Biate) Gel
— - —_ —_ - —
_ - —_
Additional Petitioner 3 (Minor Child):
Name: Age: Relationship to the Respondent (from list on number 4):

Residence:
a The address of this Petitioner is the same as my address above.
a This Petitioner's address is:

(Streetor Route/Box) (State) ap

Page 3 of 4
Petition and Affidavitto Renew Domestic
Abuse Protection’
DC 19:49 Rev. 01/20
202% renewal vequest

8. | request tohave a] District
Court Judge,or a County Court Judge preside over this proceeding.
(| understand this request may not be granted.

9. lam seeking 8 renewal for the following reason(s) (required):
NO Or! ONDA P asonr)
ee 2a tote. He nies AD Ua
OAD mM Evora
m on OLY §o

140. There have been no material changes in relevant circumstances since the entry of the order.

"1 Please describe additional events that happened since the current protection order wes issued (not required)

12. | am not requesting @ modification of the order.

13. Additional Petitioner(s) (if needed):

Sddional Betitonst 2 (Minor Child):
Rastontpn ne Resa "om tena
ussel\ D- Mowkey
Ri
‘The address of thie Petitioner is the same as my address above.
C_—s This Petitioner's address is:

‘Tectorhowmtiod =
—_ — en a —_ _ _
Additional Patitionar 3 (Minor Child);
Name: Age: Reletonehip othe Respondent (from liston number 4):

Residence:
a ‘The address ofthis Petitioner is the same as my address above.
C1___This Petitioner's addressis:
(Qirester Roteox) (erate)
—

Page 3 of 4
Petition and Affidavit to Renew Domestic
DC 19.48 Rev. 01/20
A. Date/Time: 06/2019, Around 9PM | had been dating Bailey for a few months, starting
somewhere around the end of May, 2019. He was very kind toward me during the first two
months, around July, 2019, we had a fight late at night around 9 PM. Bailey was directly
across from me, standing against the island, | was standing closer to the stove. Bailey was
arguing with me, and didn’t like how my facial expression was during the argument, he said
it was “Cocky”. He swung at me and hit me hard in the face, | fell back my head hit the
microwave that was sitting above the stove, and than | proceeded to fall down while my
head hit the edge of the countertop and then | hit the floor. | did go unconscious for a short
time, | was in and out as he dragged me toward the bedroom, | was fully conscious again
when my back was against the wall. Bailey was shouting in my face, letting me know if |
didn't give him the an: swers he wanted about our argument it would get worse for me. He
kept telling me “Wouldn't you rath er it get worse for someone else, than worse for you.” |
just couldn't imagine someone else being hurt the way | was, if | had given him an answer. |
was in tears by this point, he continued screaming in my face until he took my head and
slammed my face into the bureau next to me. That caused my lip to not only sw ell, but had
split it open and was bleed ing down my face. He kept me in the bedroom with him the rest
of the night, anywhere in the apartment I'd go, he’d come with. He hit me one more time g |
later in the night, he slapped me pretty hard on the right side of my face.The next mornin
had to call into work sick, an d make a doctor's appointment to have my face looked at. By
that morning | had a busted lip, and a black eye. At the doctor | was told | had a
concussion, and had to be put on light duty at work. | remember he apologized for treating
me soo poorly the night before, and said it would never happen again.

B. Date/Time: 07/2019 We had small incidents in-between the next big ones. He would
argue with me, throw me onto the bed, sit on me and choke me until | was cl lawing at his hands
and face. Put hi is hand, and even a pillow over my mouth sayin he’ 'd kill me if | didn't stop
ted to. He sat on top of
screaming for help. Telling me no one could help me, and no one wan!
me once, strangling me, tears rolling down my fac e. He was screami ng in my face, my body
to stop messin g around . My eyes were
started jerking, he told me to quit being dramatic, and h | was trying
fixed on the ceiling, as my body contin ued to jer rk, | was unable to speak althoug
tried to get me to stop. | was consci ous the entire
very hard too. Bailey hopped off me, an d asking me if |
ped, | felt exhaust ed, and Bailey kept
time, after about a minute my body stop d his
and grabbe
was okay. He had told me if | had continued he woul Id’ve have called my mom minor seizure.
| had a
stuff and left. | did see a doctor for that incident as well, t hey had told me ly not
More little fights had happened after this one, ‘one night Bailey came home definite
one was no different he
himself. He would want to have sex with after every fight we had, this | told
to have sex with me after,
had hit me a few times, on my body and in my face. H le tried sex that
ly tell him | didn’t want to have
him {| wasn't in the mood. | felt like | had to continuous!
id him | do not consent and if he had
night. Again, | was in tears, he kept trying until | tol
point, he was pissed
continued any further it would be considered rape. Bailey did stop at that
at me the rest of the night. | was soo scared of what he might do | slept in the living room on
the recliner, while he slept in the bedroom. | woke up very early, grabbed a bag of clothes, and
toiletries | already had ready i incase he had hurt me again. | texted one of my friends, and
He woke up that
stayed with her for nearly two weeks, before retu ing back to my apartment. night. That he wasn’t
morning calling me, and texting me saying he didn "t rememb er any of last
had been on drugs, and wanted
that pel son, who would do those awful things to me. That he
| had gone, and if I'd be back. |
me to tell him w hat he had exactly done. Asking me where
needed some time to feel like | could be safe again.

C. Date/Time: 08/2019 I had stayed at friends hou: se for weeks in between months by the
rolled around. | had tried to leave more th an once by August, | gathered
all his
time August had
brought them over t 10 his cousins where he’ ‘d stay every other week. He would
belongings and
tell me he didn’t care, and he wouldn’ "t give up on our relationship if he were in my position.
However, when I'd get to his cousins place, he tell he how much he needed me, and how much
he loved me. | would still say I’m done, and he'd laugh and say that’s funny you think you're
leaving me. He’d get mad and he wouldn't let me | leave. He'd want to go home he'd say ( back
to my apartment), ! was scared he would kill me, since he had threatened it multiple times
my
before and other times ! had tried to leave. He’ ’d tell me he knows who my friends are,
family, and he’d hurt them because it would hurt me.

D. Date/Time: 11-14-2019, Around 2PM —_ One of the last time's before Bailey had been
it could have
arrested, he argued with me, but | couldn't even tell you what about because got my chest. He
been anything by this point. | remem! ber him strangling me, while he sat on
in the apartment
up and was screaming and screaming, | thought how could no one hear this
He began kicking
building. He wouldn't allow me to get up off the floor, he had so much rage.
and scrunched my
me in my head, | covered my face and head as best | could with my arms, | heard a
he hit my ear.
knees to my stomach. He kicked me so hard on one side of my head, of that
| couldn’t hear anything
short ringing in my ear as he continued kicking at me, and then
side of my head. He eventually stopped and was out of breathe, he sat on the bed, he told me
” | was in excruciating pain, my
“'m gonna catch my breathe, and then I’ ’m going to kill you”.
and my
head hurt, | couldn’t hear out of one ear, My eyes were swollen from crying so much, looked in
He didn’t end up finishing , he just left instead. |
throat was sore from being strangled.
bruises inside my
the mirror at the damage and my ear was swollen, and had multiple purple
into work again
ear and on the outside behind it. | had seen a doctor once again, and called
itus in my ear. | was sent to a
the next day. ! was told | had another concussion, and tini
specialist to make sure there was no damage to my brain, and if | would regain hearing back or
hearing
not. After several weeks, I was cleared from having suffered no brain damage, and my
me he wants to know how it. |
would return. Bailey knew | had to see a special list he would tell what he
mi remem ber
was doing, but he wouldn't really act as if he cared. He said I'd ake him
what he did. He
did if | brought it up, and It was just a tactic to make him feel guilty about
would tell me he really is sorry, but he can’t go back and change it.

£. Date/Time: 12-23-2019, Sometime di luring the night Bailey had arrived at my apartment
when | let him in, he
on 3325 California St. Apt. #6, Omaha, NE 68111. Bailey was upset
and: locked the door
pushed me into my apartment and shut the door. | ran to the bathroom
to remove the bathroom
afraid he would hurt me. He said he woul idn't hurt me as he was trying om, 1 was sittingon
bathro
door handle with a set of tools. When Bailey gained entry into the
the floor coverin g my face and he dragge d me from the bathro om to the living room. He sat on
top of me and strang} led me. | never lost consciousness, but d id feel short of breath when he
finally let go. He than dragg ‘ad me to the bedroom and forced me to give him oral sex, and
want to. | attemp ted to leave several times
vaginal sex after stating over and over that | didn’t | was
sure
throughout the night but Bailey had taken my phone and computer from me to make
He would follow me if 'd leave the bedroo m to make sure | wasn’t
unable to contact anyone.
unable to leave
leaving the apartment. My car had been towe: d earlier the same night so | was
by vehicle. The next morning he gave me my phonethem back and went to take a shower. |
immediately contact ed one of my friends and had call the police.
Petitioner 5 (Minor Child):
Name: Age:
Relationship to the Respondent (From list on number 4):
-
Residence:
(1 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)

Petitioner 6 (Minor Child):
Name: Age:
Relationship to the Respondent (From list on number 4):

Residence:
1 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)

Ihereby swear, or affirm, under penalty of perjury, the forgoing affidavit is true.

Cy eyynanear
Signature of Pelitioner

(Name, Firm name, and Bar Number IF being completed by an attomey)

(do NOT sign UNTIL THE CLERK OF THE DISTRICT COURT OR A
NOTARY IS PRESENT AND WITNESSES YOU SIGNING)

Subscribed and sworn before me on Ap cil Yo > WIA

Clerk of theCour@Notary Publics

My Commission Expires: eS
Petition and Affidavit for
DC 19:8 Rev. 09/2023 Page 9 of 9 Domestic Abuse Protection Order

Case Info

Judge

Todd J. Hutton Track Judge’s New Case

Case No.

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Document Filed Date

April 10, 2024

Case Filing Date

April 10, 2024

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Document for Emily R Marter v. Bailey M Kolvek

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