Julie Fowler

Nominated one of "10 Best" Attorneys for Nebraska by the American Institute of Family Law Attorneys in 2015. Winner of Michael W. Amdor Memorial Excellence in Legal Research Award.

Nebraska

Since 2007

Attorney

Law Office of Julie Fowler, PC, LLO

Current

Creighton University School of Law

J.D.

Michael W. Amdor Memorial Excellence in Legal Research Award

Fourth Judicial District, Douglas County, Nebraska

2009

Nebraska Bar Association  # 23649

Attorney

2007 - Current

Q. How can I address my ex-wife's harassment despite a parenting plan in Nebraska?

May 20, 2025

A: If your court order includes a parenting plan that includes non-harassment language and/or a communication protocol that is being violated, you can potentially file a show cause/contempt action or other enforcement action with the Court to ask the Court to sanction the other party for violating the order. Especially if the language is repeated curse words, etc. the Court may be willing to issue a sanction for this violation of the communication protocol in the order.

If it rises to the level of legal harassment, you can also consider a harassment protection order.

You may also want to think about modifying your parenting plan if you think more clear terms would be helpful. For example, saying that a parent must respond to a parenting question within 24 hours but also the parent has the 24 hours to respond with repeated follow-up. You could also choose a different time period (48 hours? 3 days?) if it makes more sense for your case. This way you are at least only dealing with the other parent on a daily or every few day basis.

Some of your options here depend on what custody/parenting time schedule that you have. If you have joint 50/50 custody, such as a 2/2/3 schedule, then you may need to have communication with the other parent multiple times per week. Sometimes switching your parenting schedule to a week on/week off parenting time schedule can help minimize the frequency needed for communications.

We can do legal things to try make the communication better, such as parenting apps, parenting communication protocols, etc. However, sometimes the best course of action is just to ignore the communication that is otherwise offensive and annoying and respond in a business-manner to those questions that are truly parenting time questions. Sometimes just ignoring the rude, annoying, etc. behavior causes the parent to not put so much effort in sending it if it doesn't get the reaction that they intended. We can't control the actions of others, but we can control our own. You can spend a lot of time and money trying to get the other parent to communicate better. Sometimes it makes sense to do so and bring further legal action. However, sometimes the most effective method is just to react to them as you would an annoying customer and only address the matters that need to be handled and ignore the rest. ... Read More

Q. Guidance on filing for emergency custody/TRO due to violations of a temporary injunction in a divorce case.

May 18, 2025

A: Some of the language you are using are terms used in Texas and not the language that we normally use in Nebraska custody cases. Your question is posted under Nebraska. If your case is pending in Texas, then you should repost in Texas.

In Nebraska, it would be highly unusual for a temporary order in a custody or divorce case to exist for 4 years. Generally they are turned into a final order before that time. You may want to look into whether that temporary order still has any legal affect or if it has been replaced by a final order or dismissed.

If you filed for the emergency court hearing, then you would have likely already have filed for emergency custody.

If you are asking on how to file for a protection order, you can find those forms available at your courthouse and also information on the Nebraska Supreme Court's website.

It sounds like you may have some confusion about how the procedure works in Nebraska. The Nebraska Supreme Court's website has some good information about how custody orders, custody modification actions, and protection order cases are handled in Nebraska. This is a good resource and there is a lot of information there to read through regarding the process and court rules.

However, it sounds like you have some complex issues going on and that you are thinking of filing multiple cases and/r causes of action, so it sounds like you especially may need an attorney here to guide you through things. If the other parent has possession or custody of your children at this time and you are trying to get custody or more time back, then you need an attorney from what you describe here. ... Read More

Q. Facing charge as a felon in possession with questionable evidence consent in Nebraska. Should case be dismissed?

May 14, 2025

A: Generally the witness must be present to testify as to what they saw, said, or heard. Otherwise it is considered hearsay and hearsay is generally excluded from evidence. However, there are many exceptions where hearsay can be submitted into evidence if it meets the criteria for the exception. One exception relates to allowing in hearsay when the witness is deceased, sometimes called the unavailable declarant exception. If you are trying to exclude certain evidence in your case, has there been a motion to suppress or motion in limine? If so, the court's ruling on such would be important to know when deciding whether to plead or take the case to trial. You would need to do a consult with an attorney and go through the specifics of your situation if you want a second opinion from what your attorney is telling you. ... Read More