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Nebraska Attorneys at Law

Omaha Domestic Violence Lawyers

If you have been accused or arrested for domestic violence, it can negatively impact your life on multiple levels. It could tarnish your reputation within the community, amongst family members and may put your parental rights in danger. Even if an arrest did not occur, a police report will be filed once the police become involved. If you are dealing with accusations of domestic violence or currently have a domestic violence case pending, you should speak with an experienced Omaha domestic violence attorney as soon as possible.

Child Custody and Domestic Violence

In some domestic violence situations, the court will grant restraining orders that require the allegedly abusive parent to stay away from the children and the other parent. The parent protected by the restraining order tends to have sole custody of the child in these situations. If the parent who is accused of being abusive is permitted to see the child, it is often with limited supervised visitation.

Objections To Domestic Violence Restraining Orders

In domestic violence cases, a temporary restraining order is entered. Under the Nebraska Family Violence Act, a person that has the restraining order against him has the right to dispute the entry of a long-term restraining order. During this proceeding, we assert certain defenses that are applicable to our client’s case and file a counter-petition if appropriate. Leading up to the hearing we will prepare a full defense to present in court, or attempt to negotiate a beneficial resolution with the other side.

Child Support

Even if a parent is accused of committing domestic violence, there still remains a responsibility to continue child support payments. If you are unable to keep up with the child support payments due to the ongoing legal proceedings or if alternative payment arrangements need to be made, we will help you handle those issues. We will work closely with you to come up with a solution that accommodates your current situation.

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Nebraska Legal Group Attorney

Legal Assistance for Domestic Violence Cases in Nebraska

If you are facing domestic violence charges, arrange an initial consultation with one of our experienced Omaha domestic violence attorneys by calling 402.509.7033. We handle domestic violence cases throughout Nebraska with offices located in Omaha. We are aggressive litigators who are able to get positive results for our clients.

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Need Help with a Domestic Violence Case?

Call Nebraska Legal Group at 402.509.7033 or get started with a free case evaluation.

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Frequently Asked Questions

Is domestic violence legal grounds for a Nebraska divorce?

Strictly speaking, domestic violence is not legal grounds for divorce in the state of Nebraska. As a no-fault divorce state, a judge does not determine or decide who was wrong. However, a Nebraska divorce does require a spouse to show that the marriage is “irretrievably broken”, meaning broken beyond repair. Domestic violence is certainly a way to show this standard has been met.

While domestic violence does not have a direct impact on divorce itself, fault is certainly used in Nebraska family law courts to make determinations with regard to alimony, child custody, and property division.

Does a domestic violence accusation have an impact on child custody rights?

Nebraska family courts operate with the presumption that it is in the best interests of a child to have regular and ongoing contact with both parents after a divorce is finalized. However, Nebraska courts take domestic abuse very seriously since it may not be in the best interests of the child to spend regular time with a domestic abuser.

Credible evidence of abuse inflicted on any family or household member requires a judge to carefully consider domestic abuse when making a custody determination. If a parent is or was abusive to a previous partner or a child from a previous relationship, even those facts can be used against the abusive parent when Nebraska makes a custody determination.

Simply put, whether a criminal or family law court determines acts of domestic violence were committed, that parent’s child custody rights will be affected. Possible outcomes include the denial of visitation rights or having minimal supervised visits.

How do criminal domestic abuse cases differ from civil domestic abuse cases?

Criminal domestic violence cases are handled by a Nebraska state prosecutor, and a criminal case may lead to jail or prison time. Depending on the severity of the domestic violence allegations, the criminal misconduct may be classified as a misdemeanor or a felony.

Civil cases differ in that the accused individual will have a temporary order of protection issued against them. This, in turn, prevents the accused from having contact with their accuser/accusers. Eventually, the case will have a hearing, where the accused’s attorney will prepare the accused for the hearing. In the process, an attorney will work to negotiate the most favorable outcome and resolution for the accused based upon the facts of the case. If the hearing results in a conclusion that domestic violence occurred, then an order of protection will be issued that is designated to last for a specified period of time.

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Omaha Office

Two Old Mill, 10855 West Dodge Rd
Suite 240
Omaha, NE 68154

Lincoln Office

6940 O Street
Suite 314
Lincoln, NE 68510

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