Protection Order Attorneys in Omaha, Nebraska
The Protection Order Process at a Glance
Any person can go to the courthouse to fill out a form to get a protection order. Once all the appropriate paperwork is filled out, those documents are put in front of a judge who reads your request and either denies or grants your request. Once granted, the other person needs to be served.
After the person is served, that person has 10 days to ask for a hearing. If the person does not ask for the hearing, then the protection order remains in effect for as long as it states on the order, which is generally 1 year. However, if children are involved and are included in the form filed for a protection order, many times the protection order will include who has possession of the children for a period of time — usually 90 days.
What Happens in Court?
Protection order cases can take a number of different routes depending on which parties do or don't show up to court:
If there is a hearing and both parties appear in court, the judge will hear both sides and issue a decision regarding whether to extend or dismiss the protection order or make it mutual so that both parties are restrained from contact with each other.
If neither party appears at the hearing, the protection order will be dismissed.
If the person who files for the protection order appears and the person who requested the hearing does not, then the order will be extended upon request.
If the person who files for the protection order does not appear but the other person does, then that other person will almost certainly get what they ask for, which is to have the protection order dismissed.
In order to successfully have a judge sign a protection order, it is important to be specific — specific about dates and specific about what happened. It is also important to include whether you fear for your physical safety. If you do not believe you are in fear for your physical safety or if the reason you fear for your physical safety is too distant in time, you run the risk of your protection order request not being granted.
It is important to not file for a protection order as a threat, but only if you really mean it. Even if you change your mind later, these filings remain public record and can be further pursued by law enforcement, thus having consequences for people who have been falsely filed upon.
On the other hand, you should not refrain from filing a protection order because you are more concerned with what will happen to the other person than you are concerned about your own physical safety and well-being. It is also important to remember that if there is an active protection order and the person it applies to breaks it in any way, then that is a crime for which the person who violates such an order can face criminal penalties and it is not a defense if the other person reaches out first.
Your Omaha Area Protection Order Attorneys
If you believe you need to file an order for protection, or if you believe an order for protection has been wrongfully filed against you, we at Abrahamson Law Office are here to help. We understand that there's always more to the story than meets the eye in cases such as these, and we want to make sure that the judge hears your side of the story loud and clear. So please, contact us today to schedule a free consultation. We will review your unique situation and help you determine the best course of action.