Robert M. v. Danielle O.

The Supreme Court affirmed the domestic abuse protection order obtained by Robert M. on behalf of Bella O., holding that the trial court did not err in determining that Bella was a victim of abuse within the meaning of Neb. Rev. Stat. 42-903.Robert and Danielle O. were the parents of Bella. Robert filed a petition and affidavit to obtain a domestic abuse protection order for Bella against Danielle under Neb. Rev. Stat. 42-924. Robert's affidavit stated that Danielle physically attacked two other family members while Bella was present. Danielle, however, did not attack Bella. The trial court determined that Danielle's conduct put Bella in fear of bodily injury by means of a credible threat and thus constituted domestic abuse under section 42-903(1)(b). The Supreme Court affirmed, although its reasoning differed from that of the trial court, holding that Bella did to have to be the target or recipient of a threat in order to be a victim thereof and that Bella was entitled to a protection order under the circumstances of this case. View "Robert M. v. Danielle O." on Justia Law