Larr v. Larr

── Larr v. Larr ── Court: Nebraska Court of Appeals Date: May 19, 2026 Category: General IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) LARR V. LARR NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. § 2-102(E). ALLISON LARR ET AL., APPELLEES, V. MARCUS W. LARR, APPELLANT. Filed May 19, 2026. No. A-25-560. Appeal from the District Court for Douglas County: JAMES M. MASTELLER, Judge. Affirmed. Steven M. Delaney and Megan E. Shupe, of Reagan, Melton & Delaney, L.L.P., for appellant. Sarah R. Barnhill, of Barnhill Family Law, P.C., L.L.O., for appellees. MOORE, PIRTLE, and WELCH, Judges. PIRTLE, Judge. INTRODUCTION Marcus W. Larr appeals from the Douglas County District Court’s order granting a domestic abuse protection order against him in favor of Allison Larr. We affirm. BACKGROUND Petition and Order to Show Cause. On July 7, 2025, pursuant to Neb. Rev. Stat. § 42-924 (Cum. Supp. 2025), now Neb. Rev. Stat. § 26-103 (Cum. Supp. 2025), Allison filed a petition and affidavit for a domestic abuse protection order against her husband Marcus on behalf of herself, the parties’ minor child, and Allison’s other minor children. -1-  The petition alleged that on June 7, 2025, Allison confronted Marcus about an affair he had been having with a co-worker at his office. During the confrontation, Allison told him to go live with his girlfriend and Marcus punched a hole in the door and ran at Allison. Their 8-year-old daughter jumped in front of Allison and attempted to stop her father, but he pushed her to the ground. Marcus then spat on and “headbutted” Allison. When Allison told Marcus that he hurt her, he told her to shut up and walked into the bathroom. Allison followed him, and he slammed the door on her leg repeatedly, causing her injury. After this, Marcus punched another hole in the wall next to the stairs. Allison then tried to call 911, but Marcus talked her out of it, saying he would lose his job. She attached images of her bruised thigh and eye to the petition and affidavit. Allison further alleged in her petition that he previously held a gun to his head in front of the children, told Allison he would kill everything she had, kicked her dogs, told the children that Allison should kill herself, punched her son, asked the children to lie, and told her that no one would believe her since he was a police officer. The court entered an order to show cause and set a hearing for July 16, 2025. Motion to Continue and Show Cause Hearing. One day prior to the show cause hearing, Marcus filed a motion to continue. The motion was heard on July 16, 2025. Marcus asked to continue the matter as his attorney was out of town when the petition was filed and the day prior was his attorney’s first day back in the office. Marcus was also deprived of his phone, which contained evidence he wanted to present to the court. Marcus said he was interviewed by the police and voluntarily gave his phone to them, so they could do a “phone dump.” Marcus also stated that since he was a police officer, a protection order would end his career. The district court overruled the motion. Specifically, the court considered that Neb. Rev. Stat. § 42-925 (Cum. Supp. 2025), now Neb. Rev. Stat. § 26-108 (Cum. Supp. 2025), specifies that a hearing is supposed to be held within 14 days after filing the petition. The court noted its decision reflected the Legislature’s determination that a speedy hearing on the petition is generally in the best interests of both parties. The court also said that, gi