Whitney Belina v. Travis Belina

Madison, Nebraska family law lawyers represented the parties in a protective order case.



The district court for Madison County granted Whitney Belina an ex parte domestic abuse protection order against her husband, Travis Belina, for herself and her four minor children. After a show cause hearing, the district court affirmed the domestic abuse protection order for Whitney and the children. Travis now appeals that order.



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A protection order is analogous to an injunction, and a party seeking an injunction must establish by a preponderance of the evidence every controverted fact necessary to entitle that party to relief. Diedra T. v. Justina R., supra. As such, the petitioner at a show cause hearing following an ex parte order has the burden to prove by a preponderance of the evidence the truth of the facts supporting a protection order. Id. Once that burden is met, the burden shifts to the respondent to show cause as to why the protection order should not remain in effect. Id.



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Legal issue Can a domestic abuse protection order be upheld for an adult but vacated for children due to insufficient evidence of abuse against the children?



Key Phrases Domestic abuse protection order. Sexual contact without consent. Ex parte order appeal. Credible threat definition. Protection order affirmation and vacated.

Affirmed in part and reversed in part.