Legal Question in Criminal Law in Nebraska

Nebraska courts view domestic violence in the home to be a risk to the health and welfare of children residing in the home, even if the violence was not directed at the children. It isn't necessary for the children to witness the domestic violence for the courts to view the children as at risk of harm. If CPS believes there is domestic violence in the home, they will offer voluntary services in select cases to allow the family a chance to avoid court involvement. If the family does not accept the voluntary services, CPS will turn the file over to the County Attorney to determine whether or not there is enough evidence to file a petition in juvenile court. If the County Attorney elects to file a petition, they may also request immediate custody of the child and have the child removed from the home. If the child is removed, a hearing will be scheduled shortly after that to allow the parents an opportunity to present their defense. You will need a lawyer. If you cannot afford one, the court will appoint a lawyer to represent you at or before that hearing.