43-2,107 Court; control conduct of a person; notice; hearing; temporary order; violation of order; penalty. - Nebraska Statutes

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Statutes > Nebraska > Chapter43 > 43-2_107

43-2,107. Court; control conduct of a person; notice; hearing; temporary order; violation of order; penalty.On application of a party or on the court's own motion, the court may restrain or otherwise control the conduct of a person if a petition has been filed under the Nebraska Juvenile Code and the court finds that such conduct is or may be detrimental or harmful to the juvenile. Notice of the application or motion and an opportunity to be heard thereon shall be given to the person against whom such application or motion is directed, except that the court may enter a temporary order restraining or otherwise controlling the conduct of a person for the protection of a juvenile without prior notice if it appears to the court that it is necessary to issue such order forthwith. Such temporary order shall be effective not to exceed ten days and shall not be binding against any person unless he or she has received a copy of such order. Any individual who violates an order restraining or otherwise controlling his or her conduct under this section shall be guilty of a Class II misdemeanor and may be proceeded against as described in sections 42-928 and 42-929. SourceLaws 1981, LB 346, § 62; Laws 1985, LB 447, § 31; Laws 1992, LB 1184, § 16. AnnotationsBefore an order is issued under this section, the juvenile court must accord the person affected due process. This section requires that the person to be restrained or whose conduct is to be controlled receives (1) notice that such an order is requested or contemplated and (2) an opportunity to be heard on the propriety of issuing such an order. The opportunity to be heard, described in this section, means a meaningful opportunity to be heard. In re Interest of G.G. et al., 237 Neb. 306, 465 N.W.2d 752 (1991).

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-2_107

43-2,107. Court; control conduct of a person; notice; hearing; temporary order; violation of order; penalty.On application of a party or on the court's own motion, the court may restrain or otherwise control the conduct of a person if a petition has been filed under the Nebraska Juvenile Code and the court finds that such conduct is or may be detrimental or harmful to the juvenile. Notice of the application or motion and an opportunity to be heard thereon shall be given to the person against whom such application or motion is directed, except that the court may enter a temporary order restraining or otherwise controlling the conduct of a person for the protection of a juvenile without prior notice if it appears to the court that it is necessary to issue such order forthwith. Such temporary order shall be effective not to exceed ten days and shall not be binding against any person unless he or she has received a copy of such order. Any individual who violates an order restraining or otherwise controlling his or her conduct under this section shall be guilty of a Class II misdemeanor and may be proceeded against as described in sections 42-928 and 42-929. SourceLaws 1981, LB 346, § 62; Laws 1985, LB 447, § 31; Laws 1992, LB 1184, § 16. AnnotationsBefore an order is issued under this section, the juvenile court must accord the person affected due process. This section requires that the person to be restrained or whose conduct is to be controlled receives (1) notice that such an order is requested or contemplated and (2) an opportunity to be heard on the propriety of issuing such an order. The opportunity to be heard, described in this section, means a meaningful opportunity to be heard. In re Interest of G.G. et al., 237 Neb. 306, 465 N.W.2d 752 (1991).

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State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-2_107

43-2,107. Court; control conduct of a person; notice; hearing; temporary order; violation of order; penalty.On application of a party or on the court's own motion, the court may restrain or otherwise control the conduct of a person if a petition has been filed under the Nebraska Juvenile Code and the court finds that such conduct is or may be detrimental or harmful to the juvenile. Notice of the application or motion and an opportunity to be heard thereon shall be given to the person against whom such application or motion is directed, except that the court may enter a temporary order restraining or otherwise controlling the conduct of a person for the protection of a juvenile without prior notice if it appears to the court that it is necessary to issue such order forthwith. Such temporary order shall be effective not to exceed ten days and shall not be binding against any person unless he or she has received a copy of such order. Any individual who violates an order restraining or otherwise controlling his or her conduct under this section shall be guilty of a Class II misdemeanor and may be proceeded against as described in sections 42-928 and 42-929. SourceLaws 1981, LB 346, § 62; Laws 1985, LB 447, § 31; Laws 1992, LB 1184, § 16. AnnotationsBefore an order is issued under this section, the juvenile court must accord the person affected due process. This section requires that the person to be restrained or whose conduct is to be controlled receives (1) notice that such an order is requested or contemplated and (2) an opportunity to be heard on the propriety of issuing such an order. The opportunity to be heard, described in this section, means a meaningful opportunity to be heard. In re Interest of G.G. et al., 237 Neb. 306, 465 N.W.2d 752 (1991).