ACTION ALERT: LB920 hearing on Thursday, Jan. 26th

The Judiciary Committee will consider LB920, a bill that improves the obtaining of a protection order, and several technical amendments will assist the courts and civil and criminal justice agencies in Douglas County by helping them hold offenders accountable for abuse and keep victims safer.

LB920 highlights include:

• The petition and affidavit filed for either a harassment protection order (HPO) or domestic abuse protection order (DAPO) will be considered as “offered evidence” by the court.  Currently, there are problems with some courts treating the affidavits offered by petitioners as evidence without legal representation.
• Service will not be required for a conviction if the respondent appeared at trial on the protection order and the judge stated in open court in the presence of the respondent the contents of the order and that the order would be granted. Current law states that “any person who knowingly violates an order issued pursuant” to Nebraska law “after services shall be guilty of a Class II misdemeanor.” 
• Causes federal firearms prohibitions to take effect.  Creates a new category of relief for DAPO applicants, adding the following: “Enjoining the respondent from possessing or purchasing firearms as defined in section 28-1201.”
• Allows (a) a respondent to request a hearing on the ex parte order, (b) a victim to request a hearing, or (c) a judge to set a hearing on the judge’s own motion.  LB920 amends Section 42-925 which is the provision of Nebraska law that deals with the ex parte order in a DAPO.  In 2008, the section was changed to require a hearing for each application for a DAPO. 

The hearing will be Thursday, Jan. 26th, 1:30 p.m. in Room 1113 at the State Capitol in Lincoln.  LB920 was submitted by Sen. Amanda McGill (District 26). For additional information, visit the Nebraska Legislature website.