Nebraska Sexual Assault, Request for Modification of Sexual Assault Protection Order, is a legal action taken against someone who has been accused of sexual assault in the state of Nebraska. This request asks the court to modify or change an existing protection order that has been put in place to protect a victim from further harm or contact from the accused offender. It can be filed by either the victim or the accused. There are three types of Nebraska Sexual Assault, Request for Modification of Sexual Assault Protection Order: 1. Temporary Modification: This type of request is typically used when there is an immediate need to modify or change the existing protection order. It is usually filed by the victim or the accused and must be decided on within 14 days of the filing. 2. Permanent Modification: This type of request is usually filed if the victim or accused wants to make a permanent change to the protection order. It is usually filed by the victim or accused and must be decided on within 30 days of the filing. 3. Emergency Modification: This type of request is typically used when there is an immediate threat to the safety of the victim or the accused. It is usually filed by the victim or accused and must be decided on within 24 hours of the filing.
Nebraska Sexual Assault, Request for Modification of Sexual Assault Protection Order
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FAQ
Violating No-Contact Provisions Any communication with the other party is a violation of the no-contact order. A violation would cause the individual to go back to jail.
Overview. If someone is trying to obtain or has already obtained a protection order against you, you have a couple of options. You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an extended protection order.
At court, the judge decides if the protection order will be canceled or continued for one year. If the other party never asks for a hearing, then the protection order remains in effect for a year. A Sexual Assault or Domestic Abuse Protection Order may be renewed for 1 year, and yearly thereafter.
You are free to change your mind and ask the court to dismiss the protection order or the request for renewal. However, the judge decides whether it will be dismissed to make sure that you were not forced to change your mind.
28-320.01. Sexual assault of a child; second or third degree; penalties. (1) A person commits sexual assault of a child in the second or third degree if he or she subjects another person fourteen years of age or younger to sexual contact and the actor is at least nineteen years of age or older.
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.
28-319.01. Sexual assault of a child; first degree; penalty. (2) Sexual assault of a child in the first degree is a Class IB felony with a mandatory minimum sentence of fifteen years in prison for the first offense.
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.