Nebraska Family Attorney’s Guide to Domestic Violence: Legal Rights, Claims, and Practical Strategies

Understanding Domestic Violence in Nebraska

📌 Definition:
Domestic violence in Nebraska includes physical harm, threats, intimidation, and emotional abuse involving family or household members. The law protects spouses, former spouses, children, and cohabitants.

📌 Relevant Laws:
Nebraska Revised Statute § 42-903 defines domestic violence and provides protections through restraining orders and criminal penalties.

📌 Criminal Consequences:
- Misdemeanor or felony charges based on the severity of harm.
- Jail time, fines, and mandatory counseling programs.
- Possible loss of parental rights or firearm privileges.

Legal Protections for Domestic Violence Victims

⚖️ Protection Orders:
Victims can seek Protection Orders to restrict contact with the abuser. Nebraska law provides:

- Emergency Protection Orders (EPOs) – Issued immediately when law enforcement responds to a domestic violence situation.
- Temporary Protection Orders (TPOs) – Issued without the abuser present if the victim shows immediate harm risk.
- Final Protection Orders – Granted after a hearing and can last up to one year or longer.

🛑 Restraining Orders vs. Protection Orders:
Restraining orders focus on general civil disputes, while protection orders specifically address domestic violence cases.

👮 Law Enforcement Assistance:
- Mandatory arrest policy if probable cause exists.
- Police provide emergency support, escorting victims to safety.

Filing Criminal Charges Against an Abuser

📋 How to Report Domestic Violence in Nebraska:
1. Call 911 immediately for emergencies.
2. File a police report providing all incident details.
3. Request a prosecutor to pursue criminal charges.

🏛️ Prosecution of Abusers:
- Nebraska does not require the victim’s cooperation; prosecutors can proceed with the case based on evidence alone.
- Victims may testify in court but are not always required.

Civil Lawsuits for Domestic Violence Victims

💰 Compensation for Damages:
Survivors can file civil lawsuits against their abusers seeking compensation for:
- Medical expenses (hospital bills, therapy costs).
- Lost wages due to time off work.
- Pain and suffering damages for emotional distress.
- Property damage caused during violent incidents.

📑 Evidence for Civil Cases:
To support claims, victims should collect:
- Police reports.
- Medical records of injuries.
- Witness testimonies.
- Photos and videos documenting abuse.

Protecting Children in Domestic Violence Cases

👶 Impact on Child Custody:
Nebraska courts prioritize children's safety when domestic violence is present. A parent with a history of abuse may:
- Lose custody or have restricted visitation rights.
- Be required to attend parenting classes before regaining visitation.

⚠️ Emergency Custody Orders:
Victims can request emergency custody modifications if domestic violence threatens a child's well-being.

Practical Strategies for Domestic Violence Survivors

🚨 Immediate Steps to Take After an Incident:
✅ Seek a safe place—contact a shelter if necessary.
✅ Document injuries with photographs and written descriptions.
✅ Contact a trusted friend, attorney, or advocate for guidance.

🔑 Long-Term Safety Planning:
✔️ Change locks and secure your home.
✔️ Inform your workplace about restraining orders if needed.
✔️ Obtain a new phone number to avoid harassment.

📲 Nebraska Domestic Violence Resources:
Call Nebraska Domestic Violence Hotline: 1-800-799-7233 for assistance.

Defense Strategies if Falsely Accused

⚠️ Common Defenses:
Those falsely accused of domestic violence can:
- Present alibi evidence proving they were not present.
- Use witness testimonies to contradict claims.
- Challenge inconsistencies in the accuser’s statements.

👨‍⚖️ Hiring a Criminal Defense Attorney:
A skilled lawyer helps gather evidence, cross-examine witnesses, and build a defense case effectively.

When to Consult a Nebraska Family Attorney

⚖️ Benefits of Legal Representation:
Hiring an experienced family attorney ensures:
✅ Proper legal action is taken against an abuser.
✅ Representation in court for protection orders or custody disputes.

💬 How Attorneys Help Victims:
✔️ File necessary documents for protection orders quickly.
✔️ Advocate for victims during legal proceedings.

📞 Contact a Local Attorney for Support Today!