Nebraska Restraining Order Attorney
Domestic Violence Protection Orders, often referred to as Restraining Orders, are civil orders issued by the court to protect victims of domestic violence from further abuse.
HOW CAN YOU OBTAIN AN DOMESTIC VIOLENCE ORDER OF PROTECTION (RESTRAINING ORDER)?
A domestic violence order of protection is obtained by filing a petition with the court establishing that an act of domestic violence has been perpetrated against you. Nebraska law defines such acts in the following ways:
family or household members:
- causing or attempting to cause bodily injury, with or without a “dangerous instrument” (i.e., a weapon, heavy object, etc.);
- placing someone in fear of bodily injury by “credible threat,” which means:
- a verbal or written threat (including via email, text, etc.)
- a threat that is implied through a pattern of conduct or a combination of verbal, written, or electronic statements/conduct that causes you to fear for your safety or your family’s safety; (Note: you do not have to prove that the harasser had the intention to actually act on the threat, just that s/he seemed to have the ability to do so if s/he chose to. If the harasser makes the threat while s/he is in jail, that does not matter — you can still believe that s/he has the ability to carry out the threat); or
- forcing unwanted sexual contact or sexual penetration, as defined by the law.*
Family or household members include:
- spouses or former spouses
- people who are presently living together or who have lived together in the past
- people who have a child in common whether or not they have been married or have lived together at any time
- people related by blood or marriage, and
- people who are presently involved in a dating relationship with each other or who have been involved in a dating relationship with each other in the past
HOW CAN YOU DEFEND AGAINST A DOMESTIC VIOLENCE ORDER OF PROTECTION
If you have been accused of domestic violence and served with a temporary order of protection, you have only five days within which to request a hearing to determine whether the order will be dismissed or become a final order of protection. A competent attorney can help you defend against the charges or potentially negotiate a better resolution than a final order of protection, which affect some of your Constitutional rights (like possessing firearms).
HOW LONG DOES A DOMESTIC VIOLENCE ORDER OF PROTECTION LAST AND WHAT DOES IT DO?
A Final order of protection lasts up to one year. It can order the abuser to:
- not to restrain you or restrict your liberty (freedom)
- not to threaten, assault, bother, attack, or otherwise disturb you
- not to contact you in any way
- be excluded (removed) from your home (regardless of who owns the home)
- stay away from any place specified by the court
- not have or buy a firearm; and/or
- do anything else that the judge believes is necessary for your safety
CALL A NEBRASKA LAWYER TO ASSIST YOU WITH YOUR DOMESTIC VIOLENCE ORDER OF PROTECTION (RESTRAINING ORDER)
If you need assistance prosecuting or defending against an domestic violence order of protection we are here to help with attorneys who have handled a large number of these cases on both sides. Call 402-509-7033 to schedule an initial consultation. We are a client-focused firm that will protect you and your rights.