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.