Maria A. obo Leslie A. v. Oscar G.

Case Number(s)
S-17-1133
Case Audio
Call Date
Case Time
Court Number
Saline
Case Location
Lincoln
Case Summary

S-17-1133 Maria Amador obo Leslie Garcia (Appellant) v. Oscar Garcia

Saline County, Judge Vicky Johnson

Attorneys: Sara K. Houston (Nebraska Coalition)(Appellant) --- Carlos A. Monzon Monzon, Guerra & Associates)

Civil: Domestic Abuse Protection Order

Proceedings below: The trial court denied to extend the ex parte domestic abuse protection order for a period of one year.

Issues: The district court erred by 1) vacating the domestic abuse protection order entered ex parte and dismissing the action, 2) assigning weight to Neb. Rev. Stat. § 28-1413, when it is restricted by statute from affecting any remedy authorized by law in a civil action, 3) not finding that the video recording demonstrated at least an attempt to commit bodily injury or a credible threat of physical harm, sufficient to meet the requirements for a domestic abuse protection order, 4) attributing the testimony of a minor child witness to that of the child at issue in the case, who did not provide testimony, 5) disregarding the stipulation of counsel regarding the minor child's testimony, and 6) not finding a demonstration of reasonable fear exhibited by the minor child in the video recording.

Schedule Code
SC