Aguilar v. Valdez-Mendoza, 16 N.W.3d 130

Lizette Aguilar sought a domestic abuse protection order against Ana Valdez-Mendoza, her daughter’s stepmother, following an alleged violent incident during a custody exchange.
Valdez-Mendoza is married to Aguilar’s ex-partner and is the stepmother to Aguilar’s biological daughter.
Aguilar alleged an altercation where Valdez-Mendoza and Mendoza assaulted her during a child custody handoff.
The district court issued and then affirmed a protection order after a hearing, finding that Aguilar and Valdez-Mendoza were related by "affinity" under the statutory definition of "family or household members."
Valdez-Mendoza appealed, arguing that the relationship did not meet the statutory requirements for a protection order.
The Nebraska Supreme Court reversed, concluding the relationship was not "by affinity" as defined in the statute.

Issue	Aguilar's Argument	Valdez-Mendoza's Argument	Held
Whether Aguilar and Valdez-Mendoza are related by affinity under § 42-903(3) for purposes of a domestic abuse protection order	Parties are related by affinity through marriage connections involving the child	Relationship is not by affinity because there is no direct affinity or consanguinity between the parties	Not related by affinity; protection order reversed and vacated

Garrison v. Otto, 311 Neb. 94 (clarifies that only victims meeting the statutory definition of "family or household members" may seek a protection order)
Zimmerer v. Prudential Ins. Co., 150 Neb. 351 (defines "affinity" as the relationship between a spouse and the blood relatives of the other)
State v. Webb, 311 Neb. 694 (interprets the statutory meaning of enumerative terms like "includes")
In re Estate of McCormick, 317 Neb. 960 (statutory interpretation begins with plain, ordinary meaning of words)