Nebraska Court Overturns Protection Order Conviction

By: Associated Press Email
By: Associated Press Email

The Nebraska Supreme Court has thrown out a man's conviction for violating a protection order during a 2009 dispute with his ex-wife because the man was never formally served with a copy.

The court said in the ruling released Friday that state law requires someone to be personally served with a copy of a protection order before they can be convicted with violating the order.

The court vacated Terry Graff's conviction even though he agreed to the terms of the protection order during a July 2009 Brown County District Court hearing, and a copy of the order was mailed to him.

The court says it makes sense that Graff's direct knowledge of the protection order should be sufficient to convict him of violating it. But the statute requires personal service.


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