Torres v. Morales

Orfa Torres applied for a domestic abuse protection order against her boyfriend, Benjamin Morales. The district court issued an order to show case. After a hearing, the district court vacated its order to show cause, dismissed the case, and required Torres to pay the costs of the action. The Supreme Court (1) affirmed the order dismissing the cause, holding that the district court did not err in failing to issue the protection order because Torres did not provide some evidence of abuse as defined under Neb. Rev. Stat. 42-903(1); and (2) reversed the portion of the order requiring Torres to pay costs, holding that because the facts in Torres’s affidavit were not false and the order was not sought in bad faith, the district court erred in taxing costs to Torres. View "Torres v. Morales" on Justia Law