Nebraska LB 58 - Extreme Risk Protection Order Act / by Charles Yeganian


Sec. 2. For purposes of the Extreme Risk Protection Order Act:
4 (1) Ex parte extreme risk protection order means a temporary
5 protection order issued on an ex parte basis under section 5 of this act;
6 (2) Family or household member includes spouses or former spouses,
7 children, persons who are presently residing together or who have resided
8 together in the past, persons who have a child in common whether or not
9 they have been married or have lived together at any time, other persons
10 related by consanguinity or affinity, and persons who are presently
11 involved in a dating relationship with each other or who have been
12 involved in a dating relationship with each other. For purposes of this
13 subdivision, dating relationship means frequent, intimate associations
14 primarily characterized by the expectation of affectional or sexual
15 involvement, but does not include a casual relationship or an ordinary
16 association between persons in a business or social context;
17 (3) Final extreme risk protection order means an order issued under
18 section 4 of this act or an ex parte extreme risk protection order that
19 is deemed final under section 5 of this act and includes renewals of such
orders;20
21 (4) Firearm has the same meaning as in section 28-1201;
22 (5) Law enforcement agency means the police department or town
23 marshal in incorporated municipalities, the office of the sheriff in
24 unincorporated areas, and the Nebraska State Patrol;
25 (6) Law enforcement officer means any officer or employee of a law
26 enforcement agency authorized by law to make arrests;
27 (7) Petitioner means the person who petitions for an extreme risk
protection order; and28
29 (8) Respondent means the person who is identified as the respondent
in a petition filed under the act.30
31 Sec. 3. (1) A petition for an extreme risk protection order may be
filed by (a) a family or household member of the respondent or (b) a law
enforcement agency or law enforcement officer.2
3 (2) A petition for an extreme risk protection order shall be filed
4 with the clerk of the district court of the county where the petitioner
5 or respondent resides, and the proceeding may be heard by the county
6 court or the district court as provided in section 25-2740. A petition
7 may not be withdrawn except upon order of the court.
8 (3) A petition for an extreme risk protection order shall:
9 (a) Allege that the respondent poses a significant risk of causing
10 personal injury to self or others by having in his or her custody or
11 control, purchasing, possessing, or receiving a firearm;
12 (b) Be accompanied by an affidavit made under oath stating the
13 specific statements, actions, or facts that give rise to a reasonable
fear of future dangerous acts by the respondent;14
15 (c) Identify the number, types, and locations of any firearms the
16 petitioner believes to be in the respondent’s current ownership,
possession, custody, or control;17
18 (d) If known by the petitioner, identify any existing harassment
19 protection order, sexual assault protection order, domestic violence
20 protection order, or other similar protection order governing the
21 respondent, whether from this state or another jurisdiction; and
22 (e) Identify whether there is a pending lawsuit, complaint,
23 petition, or other action between the parties to the petition under the
laws of Nebraska or any other jurisdiction.24
25 (4) The court shall verify the terms of any existing domestic court
26 order governing the parties and, if reasonably practicable, the terms of
27 any such existing court order from another jurisdiction. The court shall
28 not delay granting relief because of the existence of a pending action
29 between the parties or in order to verify the terms of an existing order.
30 A petition for an extreme risk protection order may be granted whether or
31 not there is a pending action between the parties.
(5) If the petitioner is a law enforcement agency or law enforcement
2 officer, the petitioner shall make a good faith effort to provide notice
3 to any family or household member of the respondent who may be at risk of
4 violence and to any known third party who may be at risk of violence. If
5 such person is a minor, notice to such minor’s parent or guardian, other
6 than the respondent, shall be sufficient. The notice shall state that the
7 petitioner intends to petition the court for an extreme risk protection
8 order or has already done so, and include referrals to appropriate
9 resources, including mental health, domestic violence, and counseling
10 resources. The petitioner shall attest in the petition to having provided
11 such notice or attest to the steps that will be taken to provide such
notice.12
13 (6) If the petitioner is a family or household member of the
14 respondent and the petition for an extreme risk protection order states
15 that disclosure of the petitioner’s address would risk harm to the
16 petitioner or any member of the petitioner’s family or household, the
17 petitioner’s address may be omitted from all documents filed with the
18 court. If the petitioner has not disclosed an address under this
19 subsection, the petitioner must designate an alternative address at which
20 the respondent may serve notice of any motions. If the petitioner is a
21 law enforcement agency or law enforcement officer, the petition must
22 contain the address of record of such agency or officer.
23 (7) No fees for filing or service of process shall be charged by a
24 court or any public agency to petitioners seeking relief under the
25 Extreme Risk Protection Order Act, except that a court may assess such
26 fees and costs if the court finds, by clear and convincing evidence, that
27 the statements contained in the petition were false and that the extreme
risk protection order was sought in bad faith.28
29 (8) Petitioners shall be provided the necessary number of certified
30 copies, forms, and instructional brochures free of charge.
31 (9) A petitioner shall not be required to post a bond to obtain
relief in any proceeding under the Extreme Risk Protection Order Act.