PROTECTIVE ORDER ATTORNEYS IN OMAHA, NEBRASKA
Everyone deserves a relationship free from violence. In the state of Nebraska, you can obtain a protection or restraining order against an alleged abuser for stalking, harassing, threatening, causing, attempting to cause, or placing someone in fear of bodily injury, danger, or harm. Once the court issues a restraining order and the other abuser is served with that order, it will protect the alleged victim from harm by ordering the abuser to stay away from them and their home.
If you are trying to file a restraining order, you should retain a Nebraska attorney who is familiar with obtaining such a protection order. As your legal counsel, we can guide you regarding how to obtain a protection order that instructs the abusive person to stay away from you and your family, what to do if the abusive person ignores the order, and represent you in court if the abusive person requests a hearing.
Likewise, if you have been served with a protection order unjustly ordering you to stay away from someone and you oppose that order, you should quickly retain a highly-skilled Nebraska attorney who is familiar with defending against such orders.
At Abrahamson Law Office, our attorneys are committed to providing comprehensive legal guidance and vigorous representation to clients in domestic violence, abuse, and protective order matters. We will review all the facts of your unique circumstances and explore your possible legal options.
Abrahamson Law Office proudly serves clients in Omaha, Nebraska, and the surrounding communities of Otoe, Sarpy County, Douglas County, Saunders County, Washington County, and Dodge County.
Understanding Protective or Protection Orders
A restraining order or protection order is a legal order issued by a court to protect an alleged victim from physical injuries, abuse, domestic violence or sexual harm. Under Nebraska's Protection from Domestic Abuse Act, a family or household member may seek a protection order against any person who does one of the following:
Intentionally causes or attempts to cause bodily injury
Places them in fear of imminent bodily injury or danger
Engages in non-consensual sexual contact
An experienced attorney can review your unique situation and enlighten you about the different types of protection orders that may be available to you.
Types of Protective or Protection Orders
There are two types of protection orders in Nebraska – ex parte protection orders and final protection orders.
Ex Parte or Temporary Protection Orders
A judge may issue an ex parte protection order if there are reasons to believe that a person is in immediate danger of being abused. Sometimes the court signs such protection orders immediately and the abuser is served with a copy of the protection order, advising the abuser who to stay away from and where to stay away from. After the abuser is served then the abuser must obey the protection order or run the risk of being charged with the crime of violating a protection order. The person who is served has a short time to request further hearing. At a request for a hearing, both the petitioner and the abuser attend a court date, and both sides have the opportunity to present evidence regarding why the order should remain in effect or not. Sometimes the court will not immediately sign a protection order and instead send notice to both the alleged victim and the alleged abuser that there will be a hearing date for both sides to appear in court and show cause regarding why the request for a protection order should be granted or not.
Final Protection Orders
At the hearing date, regarding either a temporary protection order or a request from the court to show cause for whether or not a protection order should be issued, both parties can present evidence stating their case. If the abuser is unable to prove why the restraining order should not be in effect, the order will constitute a final protection order which can last for up to one year. In addition, if an abuser is served with a protection order and does not request a hearing, then the ex parte protection order remains in effect for up to one year.
How to File a Protective or Protection Order
Here are the steps you need to take to file a protective order in Nebraska:
Determine whether you need a protection order
Obtain the necessary forms from the court clerk
Complete your forms with the guidance of your legal counsel
Make several copies of the forms for documentation
Go to court and file your petition
A judge will evaluate your petition and may issue an ex parte order or an order to show cause regarding whether or not a protection order request should be granted
Attend a court date to either show cause as requested by the court or to provide evidence if the person who is served with a protection order requests a court hearing
Depending on the outcome of the hearing, the judge may agree to issue a protection order after a hearing to show cause, or else keep in effect or dismiss a restraining order against the abuser who requests a hearing. A skilled Nebraska family law attorney can help present your case diligently in court and help you obtain the adequate protection you need.
A Protection Order's Impact
A protection order affects both the victim and the alleged abuser in different ways.
For the Victim
If you're the victim, a restraining order can order the alleged abuser or restrained party to:
Stay a certain distance away from your home, school, workplace, children's schools, and pets
Refrain from contacting or coming close to you, your children, relatives, or any household member
Release or return your property
Not to threaten, bother, assault, disturb or attack you
Move out of your home
Pay child support, spousal support, and other bills
Follow child custody and visitation orders
Do anything that the judge deems necessary for your safety
For the Alleged Abuser
If you're the alleged abuser, having a protection order on your record can have devastating, immediate, and life-long ramifications. For example, a restraining order can:
Have an effect on your criminal record
Be part of your public record
Prevent you from being able to carry, possess, or purchase a gun or firearm
Cause you to be denied housing
Prevent you from visiting certain places or doing certain things
Cause you to be denied employment opportunities
Affect your immigration status
Prevent you from being able to join the military
Cause you to lose your parenting privileges, child custody, or visitation rights
However, every case is unique. If you are trying to file a domestic violence protection order or oppose an order that was filed against you unjustly, you need to reach out to an attorney who is experienced with restraining orders or criminal defense right away. Your attorney can work to understand your unique situation and determine the best course of action.
Work With an Experienced Attorney
Filing a protection order in Nebraska is crucial to protect you and your family members from alleged legitimate threats, domestic violence, physical abuse, sexual harassment, or assault. Likewise, fighting a temporary restraining order against you is crucial to avoid devastating, immediate, and long-term consequences. Therefore, if you are trying to file or oppose a restraining order, it is essential to work with a protective order attorney to evaluate your unique situation and help you navigate key decisions.
At Abrahamson Law Office, we have the expertise, diligence, and resources to assist, guide, and represent clients trying to file or oppose a restraining or protection order. Our skilled attorneys are available to evaluate your unique situation and enlighten you about your available legal options. Whether you are seeking protection through the Nebraska court or you're trying to fight a restraining or protection order filed against you unfairly, our reliable team has the personalized legal guidance and advocacy you need to navigate vital decisions. We will fight diligently to protect your best interests and help take necessary legal action on your behalf.
PROTECTIVE ORDER ATTORNEYS SERVING OMAHA, NEBRASKA
If you are trying to file a protection order or oppose an order that was filed against you unjustly, contact Abrahamson Law Office today to schedule a simple case assessment. Our trusted attorneys have the comprehensive legal guidance, reliable representation, and strong advocacy you need. We're proud to represent clients in Omaha, Otoe County, Sarpy County, Douglas County, Saunders County, Washington County, and Dodge County, Nebraska.