Omaha Domestic Violence Lawyers

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.