If your peace, person, or liberty has been threatened by another person, Nebraska has options with protection orders. These can be filed if you are a victim of certain violent or harassing behaviors. Though a protection order cannot prevent these behaviors, the existence of the order means that, if it is violated, the individual can face a criminal conviction. An Omaha protective order family law attorney can help you navigate the process of filing for an order and proving your need for a protection order.
Types of Protection Orders in Nebraska
There are three categories of protection orders in Nebraska: domestic abuse, sexual assault, and harassment protection orders. Each order has unique requirements that must be met to file them, and it is important to understand these differences so you know which is right for your circumstances.
Domestic Abuse Protection Order
A domestic abuse protection order protects a victim of domestic abuse from further abuse committed by a member of their household or a family member.
For a violent action to be considered domestic violence, it must be between individuals with a specific relationship. These relationships include:
- Current and former spouses
- Children
- People who currently or used to live together
- Those who are dating or used to date
- Those who have a child together
- Any individual related by blood or marriage
Abuse is defined as any of the following between those individuals:
- An attempt or act of bodily injury with or without a dangerous object done intentionally
- A credible threat that puts the other person in fear of bodily injury, whether written or verbal
- Sexual contact or assault without consent
The victim of domestic violence can petition for this protection order and request restrictions on the individual who committed domestic abuse, who will be known as the respondent. These restrictions could include:
- Preventing the party from placing any restraint on the petitioner
- Ordering the party to leave the home the two parties share, even if the respondent party owns the residence
- Prohibiting the party from contacting the petitioner
- Prohibiting the party from threatening, attacking, or disturbing the petitioner
- Ordering the party to stay away from a specified location
- Providing the petitioner with temporary custody of minor children
- Providing the petitioner with possession of any pet
- Prohibiting the respondent party from possessing a firearm
The judge can also grant or provide any other restrictions that are deemed necessary to protect the petitioner, their family, and other household members.
Sexual Assault Protection Order
A sexual assault protection order protects victims of sexual assault. Sexual assault, for the purposes of filing a protection order, is defined as any sexual contact without consent, sexual abuse, rape, or attempted sexual assault. A sexual assault protection order can provide the petitioner with relief by restricting the respondent. These restrictions may include:
- Preventing the party from imposing restraint
- Preventing the party from threatening, assaulting, or attacking
- Prohibit the party from contacting the petitioner
In a sexual assault protection order, the conduct of sexual assault is the only necessary element, and the petitioner and the respondent do not need to have a specific relationship.
Harassment Protection Order
A harassment protection order can be created to protect a victim of harassment. Harassment is defined as willfully and knowingly engaging in threatening, terrifying, or intimidating conduct against another person with no legitimate purpose. The victim of harassment can petition for relief in a protection order and request a restriction on the respondent’s actions. In a harassment protection order, the petitioner and the respondent do not need a specified relationship; they can even be strangers.
Restrictions that the court can impose include prohibiting the offending party from:
- Imposing restraint on the petitioner
- Harassing, threatening, or disturbing the petitioner
- Contacting the petitioner
FAQs
Q: What Are the Different Types of Protection Orders in Nebraska?
A: There are three types of protection orders in Nebraska:
- Domestic abuse protection orders exist to shield individuals from household members and/or family members who are committing acts of abuse and violence
- Sexual assault protection orders provide protection to a victim of sexual assault
- Harassment protection orders are filed by a victim of harassment to prevent further harassment
The restrictions placed on the person being filed against vary based on the situation, the type of order being requested, and the needs of the petitioner.
Q: What Is the Penalty for Violating a Protection Order in Nebraska?
A: The penalty for violating a protection order in Nebraska is either a Class I or Class II misdemeanor for a first offense. Class I misdemeanors are charged for violating a domestic abuse or sexual assault protection order, and Class II misdemeanors are charged for violating a harassment protective order. Misdemeanor charges can result in months to a year in jail and hundreds in fines.
If the individual has had a prior offense of violating a domestic abuse or sexual assault protection order, a second offense is charged as a Class IV felony.
Q: What Is an Ex Parte Order in Nebraska?
A: An ex parte order is a temporary order made when the judge determines that the petitioner is in immediate danger. This order is typically granted without the presence of the individual who would be the respondent. Then, a follow-up hearing is scheduled to determine whether the temporary orders should be made permanent, this time with both the petitioner and the respondent present. Both parties can present their side to the judge before a final decision is made on the orders.
Q: What Is an Emergency Custody Order in Nebraska?
A: An emergency custody order is one type of ex parte temporary order, where the court assigns temporary custody of a child. The court is able to order this if a child has been abandoned or is in danger. If the child, their sibling, or their parent is being threatened, mistreated, or abused, this is grounds for emergency custody. The emergency order temporarily removes the child from their current guardian, who is presenting this danger, until a more formal hearing can be held.
Contact Stange Law Firm in Omaha Today
It is not easy to manage the process of filing a protection order when you are in such a difficult situation. However, it is crucial to help you protect yourself, your loved ones, and your future. Working with an attorney can make it easier to quickly and efficiently secure the protection you need. Contact the attorneys at Stange Law Firm to see how we can help you.
