This is my senators reply:
Thank you for your email. I always appreciate hearing from constituents, especially on important issues such as this.
I do not support the Extreme Risk Protection Order Act that was introduced by Senator Morfeld last year. As the language stands, a petitioner may request that a protection order be issued to the individual without the individual’s knowledge. I believe this legislation negatively affects the due process of individuals who could have fraudulent claims filed against them. As I read the legislation, it is up to the individual accused to show the court that they are not a risk to society before the court. I believe the burden of proof should be on the accuser, not the accused, a principle rooted in legal doctrine.
Once again, I thank you for contacting me. If you have any other concerns or questions, please do not hesitate to contact my office.
Senator Mark Kolterman
District 24
402-471-2756
mkolterman@leg.ne.gov