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Nebraska Restraining Order Attorney

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:
    1. a verbal or written threat (including via email, text, etc.)
    2. 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
  • children
  • 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.

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Breanne Biehl

Todd is an incredible attorney. I’m not sure I will ever be able to thank him enough for what he has done for my daughter and I through and even after my divorce. He explains everything throughout the process and is a truly genuine person. I have already recommend him to friends and family and continue to recommend him to anyone that needs a great family attorney.

Ryan McCoy

I have known of Dave and his success in family law for many years. No doubt that he has assembled the best team to bring top notch legal help to the metro. Decades of successful experience is what you need when trying to navigate such a tumultuous time in life. Nobody wants to go through a divorce, but it pays to have someone you can trust looking out for you and your interests.

Chels Popanda

I would highly recommend Chris Pomerleau for a family lawyer. He was very detailed on explaining every step of the way. He always kept me informed. There are no words that can describe what it was like to find a lawyer that took my best interest in all he did. Chris is not my first lawyer and I would use him again if needed. The best family lawyer out there.

Alee Guthrie

Greg Lake is an attorney I would recommend without hesitation to anyone facing a divorce case. He really listens to his clients, which I think is one of the most important things in a lawyer, and he stays focused on what is really important in your case. Highly recommended!

Dan Workman

I was fortunate enough to have Megan Spomer take my case in the pursuit of the custody of my daughter. I was lost, confused, and didn’t know where to start. I thought all was lost… till I meet with Megan. She picked me up, gave me support, and confidence. Within months I had full custody of my daughter and without Megan it would have never been possible I thank you I praise you Megan Spomer. If your a man who does right by his children Megan is the attorney for you!!!