Nebraska Restraining Order Attorney

Family or Household Members:

• Causing or attempting to cause bodily injury, with or without a “dangerous instrument” (i.e., a weapon, heavy object, etc.);
• Placing someone in fear of bodily injury by “credible threat,” which means:
  1. A verbal or written threat (including via email, text, etc.)
  2. A threat that is implied through a pattern of conduct or a combination of verbal, written, or electronic statements/conduct that causes you to fear for your safety or your family’s safety; (Note: you do not have to prove that the harasser had the intention to actually act on the threat, just that s/he seemed to have the ability to do so if s/he chose to. If the harasser makes the threat while s/he is in jail, that does not matter — you can still believe that s/he has the ability to carry out the threat); or
• Forcing unwanted sexual contact or sexual penetration, as defined by the law.*

Family or household members include:

• Spouses or former spouses
• Children
• People who are presently living together or who have lived together in the past
• People who have a child in common whether or not they have been married or have lived together at any time
• People related by blood or marriage, and
• People who are presently involved in a dating relationship with each other or who have been involved in a dating relationship with each other in the past

How Can You Defend Against a Domestic Violence Order of Protection

If you have been accused of domestic violence and served with a temporary order of protection, you have only five days within which to request a hearing to determine whether the order will be dismissed or become a final order of protection. A competent attorney can help you defend against the charges or potentially negotiate a better resolution than a final order of protection, which affect some of your Constitutional rights (like possessing firearms).

How Long Does a Domestic Violence Order of Protection Last and What Does It Do?

A final order of protection lasts up to one year. It can order the abuser to:

• Not to restrain you or restrict your liberty (freedom)
• Not to threaten, assault, bother, attack, or otherwise disturb you
• Not to contact you in any way
• Be excluded (removed) from your home (regardless of who owns the home)
• Stay away from any place specified by the court
• Not have or buy a firearm; and/or
• Do anything else that the judge believes is necessary for your safety